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: 406
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406 WOOD v. WELDER. [Term of
Opinion of the Court.
treated (and it must be presumed fully) of the whole subject of
prescription under public grants (i. e., titles emanating from the
sovereignty of the soil), we must come to the conclusion that,
when in the section immediately succeeding that in which the
subject of prescription, by public grant from the sovereignty
of the soil, is treated of; an entirely different word (and a word
of more inferior legal dignity than the word " grant "), is used
:to describe the character of instrument under which the right
of prescription is conferred: and when we remember, further,
that in consideration of its inferiority to that class of titles
(grants) treated of in the preceding section, a longer term of
possession (five instead of three years) is required, we are
brought to the conclusion that the word " deed," or "deeds,"
now for the first time occurring in the statute, must refer, not
to "grants," and "patents," "'headright certificates," "land
" warrants," or "land scrip ;" but to an inferior order of tenure
-that which exists by the "deed" from one private individual
to another ;-and that while the word " grant " can be made
frequently to include a " deed " (especially in the significant connection
in which it occurs in the 16th Section of the Act of
1841), it cannot be fairly made to include " titles " or " patents"
from the government.
(Davila v. Munford, 24 Howard, 223, where this statute is
GOULD, J. In December, 1862, appellant brought two suits
of trespass to try title in the District Court of San Patricio
county, in each of which he sought to recover six hundred and.
forty acres of land of appellee. Subsequently the two suits
appear to have been consolidated and the venue changed to
Neuces county. In April, 1869, by an amended petition, various
other tracts of land were embraced in the suit, the whole
forming one body of land containing six thousand seven hundred
and eighty acres, described in the amended petition by
giving the boundaries of the entire tract. The pleas of defendant
were not guilty, and limitations of three, five and ten
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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/m1/414/: accessed July 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .