I understand that some real estate cases in Texas relate to deeds that may have been granted prior to even Mexican independence.
Have there been any such cases and if so when was the last one?
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1Not exactly on point, but the Colorado Supreme Court dealt with the issue in the case of Lobato v. Taylor did so in 2002 where Mexican law was not applied but was used to determine the intent of the parties. law.justia.com/cases/colorado/supreme-court/2002/00sc527-0.html– ohwillekeCommented Feb 24, 2022 at 1:10
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1 Answer
These matters are litigated on a regular basis in Texas with rulings being entered as recently as this month in one such case.
There have been legislative confirmations of these land grants in Texas as recently as 1965. A law review article from 2014 reviews this area of law quite comprehensively as of that date (shortly after another relevant statute was passed in Texas which is also discussed here).
The El Paso Times in a pay per view story reports on an appeal of a case involving such grants decided on February 3, 2022. The Google search information on the story states:
El Paso Tigua Indians lose appeal in fight with city for prime land https://www.elpasotimes.com › story › news › 2022/02/03 Prior to the Tiguas' lawsuit, city officials planned to have about 30 vacant ... claiming the tribe owns the land under a 270-year-old Spanish land grant.
This article concerning a 2015 lawsuit in Texas concerning Spanish land grants also references decisions of the Texas Supreme Court in 2003 and 2008 on the subject. An article from October 21, 2021 discusses a case on the subject which had been in litigation for seven years at the time (which may be related to the 2015 lawsuit, it isn't clear to me as I haven't taken the time to dig deep into these cases).
A lawsuit filed in the year 2000 is discussed here.
Also notable is Alliance of Descendants of Texas Land Grants v. United States, 37 F.3d 1478 (Fed. Cir. 1994).
answered Feb 24, 2022 at 1:41
