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: 397
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1875.] WooD v. WELDER. 397
Argument for the appellant.
APPEAL from Nueces. Tried below before the Hon. T. 0
l.ovenskiold & McCampbell and Pat. O'Docharty, for appellant.
The grant of five and one-half leagues of land, relied on by
John Welder, was part of an eleven league grant to Power
and Hewitson, located within the ten littoral leagues of the
coast, without the consent of the executive of the General
Government of Mexico. This grant has been passed upon so
repeatedly by this court, that it would appear at this day to be
unnecessary to produce authorities to prove its nullity. (Sarah
D. Smith v. Tomasa Power, executrix, 23 Texas, 30; Plummer
v. Tomasa Power et al., 29 Texas, 6; Lambert et al. v.
Weir, 27 Texas, 359; 24 Howard, 434; 26 Texas, 180.
In support of the fourth assignment, John Welder, for the
purpose of sustaining his plea of five years' limitation, offered
as a "recorded deed"' a testimonio of this grant, which appears
to have been placed upon the records of Refugio county
without authentication, and was allowed by the court, notwithstanding
the. objection of appellant, to read a copy from said
record, without accounting in any manner, as required by law,
for the absence of the original testimonio.
The copy from said record was not filed previous to the trial,
and no notice was given of the filing, as by statute required.
This testimonio bears no evidence of having been proven up;
it is not even marked filed for record-only bears the mark,
" Recorded February 14th, 1840," not even signed by the clerk.
It is believed that it was recorded in violation of the Act of
1839 (Paschal's Digest, Article 4974), or Act of February 5th,
A. D. 1840 (Paschal's Digest, Article.4975). The evidence
upon which it was admitted to record should form part of the
record and be indorsed on the grant. A paper acquires no
authenticity from the fact of its having been placed upon the
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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/m1/405/: accessed September 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .