Interesting Court Case regarding Las Islitas - Original Grantee: Juan Francisco Lombrano The New York & Texas Land Company, the plaintiff, based its claim upon patents issued by the state of Texas to the International & Great Northern Railroad Company, and upon certain deeds of conveyance from said company through several parties down to the plaintiff. The defendants title originated in a grant of land by the state of Texas to the heirs of one Juan Francisco Lombrano. This grant appears to have been made by the state in recognition of a previous Spanish grant made in 1812 to Lombrano, but the defendant, though reading this Spanish grant as evidence on the question of the boundaries of the tract in question, relied wholly on the patent from the state of Texas. The record presents on question as to the validity of the title of either party, nor any bill of exception touching the admission or rejection of evidence. It was admitted by the plaintiff that the defendant had a valid title to all of the land included in the Lombrano grant, and that such title was prior in time to that asserted by the plaintiffs. The sole controversy was whether the elder Lombrano grant included the lands subsequently granted to the International & Great Northern Railroad Company. This was the issue that was before the court and jury for determination, and to which the evidence of both parties was directed. We are not asked by the plaintiff in error to consider the evidence in the cause with a view of determining whether it warranted the jury in their verdict in favor of the defendant. The errors complained of are found in certain portions of the charge of the court to the jury, and our only concern with the evidence is to enable us to perceive whether the court committed error in its instructions to the jury. The description contained in the Spanish grant, and which is followed in the patent made by Texas to the Lombrano heirs, does not give courses, but the lines are run from one natural object to another. The controverted lines are the southern and eastern boundary lines of the Lombrano grant; that is, the lines called for in the Spanish grant as running from Tasa creek, on the Rio Grande, to the junction of the San Ambrosia and San Pedro creeks, and following up the San Pedro creek and terminating near its head, and the line running from the head of the San Pedro creek to the Carrizo springs. Several surveys were made, as well under the grant to the Lombrano heirs as that patented by Texas in 1883 to the International & Great Northern Railroad Company. It appears by these surveys, and by the testimony of the engineers who made them, that there were either two creeks used as natural objects in running the lines, viz. San Pedro creek and San Pablo creek, or that one creek was known by different persons, and at different times, by the two names. *Side Note: I have the 62 page file regarding this land grant and its very interesting reading.
Posted on: Sat, 22 Nov 2014 23:51:04 +0000
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