Bates v. Bacon

Citations

• 66 Tex. 348
• 1 S.W. 256
• 1886 Tex. LEXIS 520

Syllabus

<p>1. Void patent—Act of march 31, 1883—Purchaser—Limitation—At a former term of the supreme court the patent to the land in controversy was declared void. Plaintiff insisted that the grant was validated by the act of March 31, 1883, and claimed through an execution sale against the patentee, made in 1877. He introduced the patent as part of his chain of title, and also set up the three years statute of limitation. Suit was brought September 21, 1883. Held:</p> <p>(1) Plaintiff acquired by the sheriff’s deed only the title the patentee then had, and not what he afterwards acquired by the state’s bounty.</p> <p>(2) The act of March 31, 1883, did not pass its benefits to the assigns of the grantees, and it could not benefit purchasers at execution sales.</p> <p>(3) Until the validating act was passed, the state was the legal and equitable owner of the land, and limitation did not run in plaintiff's favor.</p> <p>(4) The patent, in connection with the validating act, proved an outstanding title in the patentee, and rebutted the presumption of title arising from proof of possession of plaintiff prior to that of defendant.</p>