Burleson v. Durham

Citations

• 46 Tex. 152

Syllabus

<p>1. Statute construed.—Sections 3 and 4 of “An act to regulate the disposal of the public lands of the State of Texas,” approved August 12, 1870, discussed and construed.</p> <p>2. Same.—Section 6, article X, of the Constitution of 1869, construed.</p> <p>3. Location—Settler’s claim.—If at the time of a location upon land on which a settler’s claim is made, such settler was not so occupying the land as to give him, under the statute approved August 12, 1870, the right to purchase under its provisions, the fact that a patent was afterwards obtained by such settler will not affect the rights of the locator.</p> <p>4. Settler.—The word “settle,” when applied to lands, conveys the idea of permanent inhabitancy. The settler, protected by the preemption laws, was one who actually resided on the land settled.</p> <p>5. Same—Pre-emption.—Under said statute, the “settler,” “actual settler,” “ bona fide settler,” on whom is conferred the privilege of purchasing land of the State, is described in terms similar to those used in the pre-emption laws previously existing; and the statute intends to give such right of purchasing to him only who occupies public land as a residence or with a view to residence.</p> <p>6. Actual settler—Occupancy.—The actual settler must reside on the land, or occupy it, preparatory to and with the bona fide intention of residing thereon. Occupancy for such purpose may be occupancy in good faith; occupancy for other purposes, does not entitle the party to purchase as an actual settler.</p> <p>7. Same.—See facts held insufficient evidence of actual settlement under said statute.</p>