Becerra Court Battle

  Hear Ye, Hear Ye The defendant's attorneys will now speak! 1 Defendant specially excepts to plaintiff's original petition because it does not state the residences of the plaintiffs, as required by rule 783 (a), Texas rules of civil procedure. 2 Defendant specially excepts to plaintiff's original petition because it does not state the undivided interest claimed by the plaintiffs, and the amount thereof as required by rule 783 (c) of the Texas rules of civil procedure. 3 Defendant specially excepts to the following allegations contained in the opening paragraph of plaintiff's original petition. The grounds of this exception are as follows: (a) Neither in such allegations nor elsewhere in plaintiffs original petition do plaintiffs state the names and residences of the other direct descendants of Manual Becerra as required by rule 783 (a) of the Texas rules of Civil Procedure; (b) Neither in such allegations nor elsewhere in plaintiffs original petition do plaintiffs stat...

Hear Ye Hear Ye The defendant's attorneys will now speak! 4 Defendant specially excepts to plaintiffs' original petition insofar as it attempts to be a class action on behalf of other descendants of Manuel Becerra because no class action is authorized by law under the facts alleged. 5 Defendant specially excepts to plaintiffs' original petition because it does not state the names of the other descendants of Manuel Becerra and the reasons why they are not joined as required by Rule 39 of the Texas Rules of Civil Procedure. 6 Defendant specially excepts to the following the allegations contained in the opening paragraph of plaintiffs' original petition: “.... Complaining of Dennis O'Connor, and all other predecessors in wrongful possession of said lands and herein after styled defendants:...” The grounds of this exception are that the predecessors in possession of defendant have not been named, no citation has been served on them, and they have not properly been made ...

Hear Ye Hear Ye The defendant's attorneys will now speak! 7 Defendant specially excepts to the following allegations contained in the opening paragraph of plaintiffs' original petition: “.... They further complain jointly and severally of agents of the state of Texas, and their successors in office herein after styled defendant-agents....” The grounds of this exception are that the alleged agents of the state of Texas have not been named, no citation has been served on them, and they have not properly been made parties to this cause. 8 Defendant specially excepts to the following allegations which are set forth as the third unnumbered paragraph at the beginning of plaintiffs’ original petition: Plaintiffs’ were trying to state that the laws of the state and the U.S. Government are here to protect them and that if they’re rights were not protected in due course that they should be afforded their constitutional right to appeal. At least that’s why I think they were trying to say,...

Heart of the Matter The attorneys finally addressed the essence of the petition. Here is their response, followed by mine. 9 Defendants specially excepts to the plaintiffs’ original petition and states that same is fatally defective in that the premises claimed by plaintiffs is not described with sufficient certainty to enable defendant to identify the same as required by rule 783 (b), Texas Rules of Civil Procedure. More specifically, defendant specially excepts to said property description because:  (a)  the metes and bounds description contained in paragraph one of plaintiffs original petition is defective in that the courses called for therein do not provide for a closure;  (b)  the said metes and bounds description does not contain sufficient information from which to locate on the ground the tract of land claimed by plaintiffs with any degree of certainty; (c)  the calls for courses contained in said meets and bounds description are substantially at varian...