Ximenes v. State

Decided December 15, 1846

Texas Supreme Court · decided 1846-12-15

The appellant brought suit at the spring term, 1846, of Bexar district court, to establish his headright claim to a league and labor of land, in virtue of his having been a resident citizen of Texas and married man, at'the date of the declaration of independence.

Decided 1846-12-15

Hemphill, C. J.

¶1The claimant, with his family, abandoned the country and fled, under the protection of the Mexican troops, to the territory of the enemy in the fall of 1842. He there remained until 1845.

¶2The effect of such an abandonment, such an interruption of the continuous residence necessary to be established, and of such a refusal to participate in the war, has been determined in the case of the State of Texas v. The Administratrix of Juan Oasinova, and need not here again be repeated. The judgment of the court below is affirmed.