State v. Gallardo
Decision Date | 08 February 1911 |
Citation | 135 S.W. 664 |
Parties | STATE v. GALLARDO et al. |
Court | Texas Court of Appeals |
Appeal from District Court, Travis County; Charles A. Wilcox, Judge.
Action by the State against Jose L. Gallardo and others. Judgment for defendants, and plaintiff appeals. Judgment reversed and rendered in part, and in part affirmed.
The state of Texas, acting through the Attorney General's department, brought this suit in trespass to try title, seeking to recover two leagues of land situated in Hidalgo county, and described, in part, in plaintiff's petition as "all that part of that certain tract or parcel of land known as `Los Ejidos' that lies on the north side of said Rio Grande river." Jose L. Gallardo and a large number of others were made defendants; the plaintiff alleging that they had unlawfully entered upon and ejected the plaintiff from the possession thereof on the 1st day of June, 1900, and had continuously since that time been in possession, receiving and enjoying the fruits, rents, and revenues arising therefrom. W. A. Boswell, L. D. Brooks, J. P. McDonald, and F. Spaeth were also made parties defendant; the state alleging that they were asserting some character of claim to the land. The four defendants last named filed an answer in which they admitted the truth of the material allegations in the plaintiff's petition, but alleged that they had made proper applications to purchase the land from the state, and were therefore entitled to have it awarded to them. Several of the other defendants failed to answer, and an interlocutory judgment by default was rendered against them. The other defendants filed answers, the full scope of which need not here be stated; it being sufficient to say that they included pleas of not guilty and general denials. The state filed a supplemental petition, which included a plea of res adjudicata. The defendants who had answered, except Boswell, Brooks, McDonald, and Spaeth, filed a supplemental answer challenging the sufficiency and legal effect of the matters pleaded as res adjudicata. The case was tried before the court without a jury and final judgment rendered against the state and in favor of all the defendants except Boswell, Brooks, McDonald, and Spaeth. As to the latter defendants the court held that, as the proof showed that the state had never had any title to the land, there was no issue to be determined between them and the state, and as to them the suit was dismissed. The state alone has prosecuted an appeal.
There is little, if any, conflict in the testimony, and the salient facts are as follows: In 1767 the government of Spain granted to the town of Reynosa four leagues of land as town commons. The grant referred to included other lands to individual settlers, and reads as follows:
The town commons referred to, otherwise known as the "Ejidos," crossed the Rio Grande river, and the portion thereof that was on the north side of that stream is the land in controversy in this suit. It appears from the statement of facts that at some time prior to August 31, 1836, probably in 1801, upon the petition of the citizens of Old Reynosa, the town or municipality was by the government removed from that place to another, about six leagues away. The cause of such removal was the danger of inundation by the flood waters of the Rio Grande. After the removal referred to, and on August 31, 1836, the alcalde of New Reynosa addressed a letter to the Governor of Tamaulipas, stating that disputes had arisen among the owners of certain lands adjacent to the "Ejidos" or commons of Old Reynosa, as to the boundaries of their respective tracts, in which letter he recommended the sale of the commons or "Ejidos" of Old Reynosa. That letter was referred to the Departmental Junta at the city of Victoria, and that body addressed a communication to the Governor, recommending that the commons of Old Reynosa be...
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Mitchell v. Town of Refugio
... ... Heard v. State, 146 Tex. 139, 204 S.W.2d 344, State v. Heard, Tex.Civ.App., 199 S.W.2d 191. In accordance with the usage in the briefs, we shall sometimes ... Co. v. Jarvis, 69 Tex. 527, 7 S.W. 210 (Laredo), Downing v. Diaz, 80 Tex. 436, 16 S.W. 49 (Guerrero), State v. Gallardo, Tex.Civ.App., 135 S.W. 664, Id., 106 Tex. 274, 166 S.W. 369 (Reynosa Viejo), Sullivan v. Solis, 52 Tex.Civ.App. 464, 114 S.W. 456 (Camargo), ... ...
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State v. Gallardo
...A judgment of the trial court for the defendants was affirmed in part and reversed and rendered in part by the Court of Civil Appeals (135 S. W. 664), and the plaintiff brings error. Judgment of the Court of Civil Appeals Jewell P. Lightfoot, Atty. Gen., John L. Terrell, Sp. Asst. Atty. Gen......