Ames v. Hubby

Citations

• 49 Tex. 705

Syllabus

<p>1. San Jacinto donations—Estate conveyed—Statute construed.—In view of the object contemplated, and the language used in the act of December 21. 1837, “ granting lands to those who were in the battle of San Jacinto, and other battles,” (Paschal’s Dig., 4059-4065,) this court cannot hold that only a life estate is granted to the party obtaining the grant, with a vested remainder in fee to his heir. Said act provides that “the lands granted by this act shall not be subject to sale or alienation, mortgage or execution, during the lifetime of the* person to whom such warrant or patent shall be granted,” (Paschal’s Dig., 4062.)</p> <p>2. Same—Restrictions on sale could be repealed.—It was competent for the government, in making a donatioii, to incorporate a condition restricting alienation. The act of December 21, 1837, granting donations, &c., only restrained sale or alienation during the lifetime of the grantee. He could devise or bequeath it as any other property owned by him. The presumptive heir, therefore, took no estate in the donation in the lifetime of the grantee.</p> <p>3. Same.—The Congress, therefore, had the right to repeal the condition against alienation, (Paschal’s Dig., 4066,) and said repeal authorized the sale and alienation of such donations by the grantee.</p> <p>4. Donation not community property.—Such, donation being a gift, and not upon onerous title, was the separate property of the grantee.</p> <p>5. Approved.—Fisk u. Mores, 43 Tex., 340, approved.</p> <p>6. Lease a violation of law against sale.—A lease for ninety-nine years, made by the grantee of such donation land warrant prior to the repeal of the condition restricting alienation, was void.</p> <p>7. Ratification.—A deed for the certificate, upon the same consideration on which the lease was made, executed subsequent to the removal of the condition against alienation, passed title to the certificate.</p>