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: 402
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402 WOOD V. WELDER. [Term of
Argument for the appellee.
"reports which have been overruled, doubted, or limited in
"their application. It is probable that the records of many
of the courts in this country are replete with hasty and crude
"decisions; and such cases ought to be examined without fear,
"and revised without reluctance, rather than have the character
of our law impaired and the beauty and harmony of the sys"tern
destroyed by the perpetuity of error."
In this case, too, no harm can be done to others by doing
justice to appellee. Other cases that have brought up this
question have been disposed of, and for the particular property
to which those cases apply, the previous rule will stand.
Appellant presents no meritorious record, and is not entitled
to the sympathy of the court. He has intruded himself into
the close of the appellee for the purpose of testing the strength
of his title, and if this can be found defective he proposes to
maintain a posesssion morally wrong, even to the ousting of
those who, under the government from which they received
it, had undoubtedly a full, complete and perfect title, and who,
from that day to this, have maintained their dangerous foothold
through all the vicissitudes and troubles of life on the
If the court takes this view of the matter it will also put
itself in accord with all other courts in the United States
where this question has been raised. In Arguello v. United
States, 18 HIow., 539, Mr. Justice Grier delivering the opinion
of the court, says: "But while a judicious policy might forbid
"the settlement of large bodies of foreigners on the boundaries
"and sea-coast, we cannot impute to then (the Mexican author"ities)
the weakness or folly of confining tleir native citizens
"to the interior, and thus leaving the sea-coast a wilderness
"without population. On the contrary, the same considera"tions
of policy which excluded foreigners would encourage
"the settlement of natives within those bounds. The statute
books of Mexico abound in acts offering every inducement to
"Mexican families to settle on the frontier," etc., and this is
believed to be the effect of all decisions on this subject in 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/m1/410/: accessed June 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .