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: 403
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1875.] WOOD v. WELDER. 403
Argument for the appellee.
courts of other States and the United States, except where the
courts of the United States have followed the decisions of
the Supreme Court of Texas in regard to land within our
Power and Hewitson were naturalized citizens of Mexico,
and consequently, in relation to this purchase of land, were on
the footing of native-born citizens. (See United States v.
Ritchie, 17 How., 539; United States v. Reading, 18 How., 8.).
But if it continues to be held that the doctrine laid down
in the above case of Smith v. Power, 14 Texas, is to be maintained,
yet in any event appellee is entitled to an affirmance
of the judgment of the court below.
The evidence establishes beyond a doubt, that appellee, without
going back to the possession of those from whom he
claimed, has held peaceable possession of the land under color
of title duly proven and recorded in the proper county, for
more than the term of five years of the time during which
color of title was recorded. In Lambert v. Weir above referred
to, this court seems to convey the idea that this title,
which was offered in that case as now, might be accepted as
the color of title called for under Section 39 of the Act of
December 20th, 1836. At any rate, the opinion of the court
was distinctly expressed in that case, that it, in connection,
with its registration, " could be legitimately used for the"'purpose
of showing the extent of" appellee's adverse possession.
This title was recorded in the county where the land
lay. It is true the court, in Lambert v. Weir, seems to be in
doubt as to the question, whether the law of 20th December,
1836, was not repealed by the 16th Section of that of
1841; but I think, that on a re-examination, the difference in
terms between the two sections will convince the court that
the purposes of the two must have been different in the mind
of the Legislature. In the latter, it makes the possession of five
years under the circumstances therein mentioned, a " full title
" precluding all claims." In other words, what was a color of
title is made a perfect title by possession in conformity with
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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/m1/411/: accessed June 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .