Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 233
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1875.] BLOW & MORRIS v. HEIRS OF DE LA GARZA. 233
Statement of the case.
Suit in trespass to try title, instituted in August, 1854, by
IHolliday against A. H. Cromwell et al., to recover two leagues
of land on San Antonio River. Holliday in his petition set up
title to one-fourth of the two leagues, granted by the Empressarios,
Power and Hewitson, in 1834, to Santiago Serna and
Lazaro Serna. In 1856 the case was tried as to A. H. Cronwell,
W. Beaumont, and Williams, three of the defendants, and
a judgment was rendered for defendants, from which Holliday
appealed. This court reversed the judgment of the lower
court and remanded the -cause (26 Texas, 188). In 1869 the
suit was agai-n tried and decided in Holliday's favor. On appeal
in 1871, this court reversed the judgment, and dismissed
the suit (35 Texas, 463). The defendants having severed,
another branch of the case remained still undecided. On September
11th, 1861, Blow and Morris, the present plaintiffs in
error, intervened, and set up in their petition title to one undivided
half of the league here in controversy, by deed from
Santiago Serna, dated February 28th, 1840, which was attached
to and made a part of the intervenors' petition. In September,
1871, there was a trial, and verdict and judgment for defendants.
A motion for a new trial by intervenors, seems to have
been filed and overruled. Notice of appeal was given, and a
statement of facts filed, signed by the counsel for plaintiff and
defendants, but not by intervenors or their counsel. The deed
under which the intervenors claim appears in the record only
as an exhibit in the pleading. Holliday appealed, and this
court on February 10th, 1873, reversed the judgment of the
District Court and remanded the cause. Afterwards, on the
30th of July, 1873, the intervenors filed their petition for a writ
of error. A number of interesting questions were discussed in
the able briefs filed by counsel, but the briefs are omitted in
view of the opinion.
Phelps, for plaintiff in error.
A. B. Peticolas, for defendant in error.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/241/: accessed July 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .