Bryan v. Crump

Citations

• 55 Tex. 1
• 1881 Tex. LEXIS 76

Syllabus

<p>1. Trespass to try title—Location on titled land.— A judgment of the district court, affirmed on appeal by the supreme court in 1848, in a proceeding by the legal representatives of a colonial empresario, against the president of the republic of Texas and commissioner of the general land office, divesting out of the state all title to a tract of land in Austin’s colony and vesting it in the estate of the empresario, constituted the land “titled ” land within the meaning of the act of February 5, 1850, to prevent locations in the colonies of Austin, DeWitt and DeLeon, without reference to the formality of the issuance of patent.</p> <p>2. Same—Color of title.— The location on land thus titled, after February 5, 1850, and the issuance of patent on such location, were null and void, nor could such patent and the mesne conveyances thereunder constitute color of title from and under the sovereignty of the soil.</p> <p>3. Same—Innocent purchaser.—■ One cannot acquire title by purchase to land thus claimed under patent issued in violation of law> as an innocent purchaser. As a purchaser, he is chargeable with notice of the recitals in the deed and patent under which he claims, and these would inform him that the land was located and patented after February 5, 1850, in a colony where locations after that date were prohibited.</p>