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: 407
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1875.] WOOD v. WELDnR. 407
Opinion of the Court.
years. The plaintiffs title was satisfactorily proven by patents
mostly in his own name, and dated in 1869, and as to two
tract by patents to other parties with proper conveyance down
to himself; but as to two tracts of three hundred and twenty
acres each, patented to Robert Montgomery, his evidence of
title was excluded. That evidence consisted of a certified copy
of the six hundred and forty acre land warrant or certificate
granted to George C. Hatch, assignee of Robert Montgomery
-a transfer of said certificate to himself, made by Samuel S.
Hatch, purporting to act as the agent of George C. Hatch,
dated December 30th, 1867, and a power of attorney from
George C. Hatch to Lemuel S. Hatch, dated August 20th,
1868. The exclusion of these papers is one of the errors assigned.
In support of his defense of limitation, but not as evidence
of title, the defendant was allowed to show an eleven league grant
from the State of Coahuila and Texas, to James Power and
James Hewitson, five and a half leagues of which, lying
within the ten littoral leagues, covered the land sued for, there
being no evidence of the consent of the Federal Executive to
the grant. For the same purpose he was allowed to read in evi
dence a certified copy, from the records of Refugio county, of
a testimonio of this grant, appearing by its indorsements to
have been recorded in that county on May, 14th, 1840, but exhibiting
no authentication for record. There was a verdict and
judgment for the defendant, from which the plaintiff Wood
Counsel for appellee seek to reopen the question of the validity
of the grant to Power and Hewitson, and refer to the
case of Trevinio v. Cavasos, 35 Texas, 133, as authority for overruling
numerous decisions of this court made many years since,
to the effect that the consent of the Federal Executive was essential
to the validity of grants of land of the character of the
present, within the border and coast leagues, and adjudging
the invalidity of the very title they would now set up. (Plummer
v. Power, 29 Texas, 6; Lambert v. Wier, 27 Texas, 319;
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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/m1/415/: accessed November 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .