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33 Tex. 77

Sevier v. Teal

Texas Supreme Court

Decided July 1, 1870

Texas Supreme Court · decided 1870-07-01

Error from Goliad. Tried below before the Hon. Wesley Ogden, The nature and material facts of this long contested litigation will be found in the report of the case in 26 Tex. R, 516, when it was before this court on a former appeal. The suit was originally brought in 1858, and the first trial of it in the court below was had in 1858, when the plaintiffs, Sevier- and wife, recovered judgment for nine-tenths of the league of land in controversy.

Decided 1870-07-01

Walker, J.

¶1This case was before this court for decision in 1888, (26 Tex., 516,) and the decision of the case gave plain directions for a second trial; and so far as we can see from the record, the court below has very correctly pursued the instructions of this court. The law of the case was settled. One question of fact, material to ascertain the rights of the parties, was left to be tried, namely: Did the deed of gift from Sideck to Teal in 1832, exceed in amount one-fifth the value of his property ? If not, it was good under the Spanish law, then in force. The jury have found' this fact for the defendant in error, and we see no reason for disturbing it. The exceptions of plaintiff in error are not well taken.

¶2The judgment of the District Court is affirmed, with costs to the defendant in error.

¶3Affirmed,

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