Brown v. H. S. Simpson's Heirs

Citations

• 67 Tex. 225
• 2 S.W. 644
• 1887 Tex. LEXIS 854

Syllabus

<p>1. Colonization Laws—Deed.—A written instrument purporting to convey land to which the colonist claimed title as a settler under the laws in force before the adoption of the Constitution of the Republic of Texas, if executed before the extension of final title from the government, was a nullity.</p> <p>2. Sale—Colonization Laws—Powers.—If such instrument purported to be a power of attorney, and authorized the attorney to make conveyance to a designated party as soon as the title to the settler’s land was procured, and gave power to substitute another attorney, waiving all laws that might affect its validity, and declaring that it should be irrevocable, it evidenced a contract of sale, and not a mere power of sale.</p> <p>8. Cases Reviewed.—Cook v. Lindsay, 57 Texas, 67, reviewed.</p> <p>4, Colonization Laws Construed.—The colonization laws of Mexico in force prior to the revolution of 1836 reviewed and discussed, and the conclusion announced that native Mexicans were not exempt as settlers in colonies, from the restriction imposed upon the alienation before the issuance of final title of lands claimed by them.</p> <p>5. Ancient Instrument—Certified Copies.—When the affidavit of the loss of a deed is filed in a suit through which the party claims title, a certified copy from the record showing that the deed had been recorded thirty years, with strong corroborating circumstances of its athentieity, will authorize the introduction of such copy as a copy of an ancient instrument, though an affidavit has been filed impeaching the genuineness of the original. Otherwise, if there be no authentic entry on the record or evidence showing the date of registration.</p>