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: 404
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404 WOOD v, WELDER. [Term of
Argument for the appellant.
the requirements of that section. There are other differences
of an essential nature in the sections, and there is nothing in
their terms repugnant; and as there are no positive words of
repeal, it is not to be assumed that the Legislature intended
the one to replace the other, but rather that they were intended
as cumulative remedies or relief to the possessor in good
Hancock, West & North, also for appellant.
We submit, that under the facts of this case, the void
title from the government of Coahuila and Texas to Powers
and Hewitson could only be used in accordance with the
decisions in Charle v. Saffold, 13 Texas, 94; Jones v. Men
ard, 1 Texas, 771, and Lambert v. Weir, 27 Texas, 365, for
the purpose of proving the extent of possession, when an
effort is made to show the right of entry barred under the
14th Section of the Act of 1848. (Paschal's Digest, Article
In Marsh v. Weir, 21 Texas, 110, and in Smith v. Power,
'23 Texas, 34, it was held, that a void title, like the one under
consideration, will not support a plea of three years' limitation
under the 15th Section of the Act of 1841. (Paschal's Digest,
We think it is equally clear, perhaps more so, that such a void
grant can be of no avail under the 16th Section of the Act of
1841, being the five years' statute. (Paschal's Digest, Article
The 14th Section treats of the time and manner in which, under
our statute, the right of entry would-be tolled. The 15th
Section treats of limitation under title, or color of title, under
which the limitation is pleaded, shall emanate from and be
traced back to the sovereignty of the soil.
Whenever a party can thus trace back to the sovereignty of
the soil, either directly without any chain of transfer, or by a
regular chain of transfer, or by a consecutive chain of transfer,
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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/m1/412/: accessed September 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .