Canales v. Perez

Citations

• 65 Tex. 291
• 1886 Tex. LEXIS 656

Syllabus

<p>State school lands—Inchoate right—Forfeiture of purchase—Statute con. strued—Pleadings—Demurrers, general and special—C. sued P., in trespass to try title, for two sections of land lying partly in Nueces and partly in Duval counties, purchased by the former from the state, by application through the surveyor of Nueces county, under the act of July 8, 1879, and the act of April 6, 1881, amendatory thereof, providing for the sale of lands set aside for the common school fund. The petition, besides the allegations usual in such forms of action, alleged, with great particularity, a compliance by 0. with all the requirements of the statute, necessary to be observed in the purchase of such lands, down to and including the allegation of payment by him of the first installment, or one-twentieth part, of the purchase money. The petition also alleged the execution by 0. of written obligations for the balance of the appraised value of the lands, stipulating to pay to the governor of the state' such balance in yearly installments, each a one-twentieth part thereof, with interest; that the obligations had been executed and forwarded to the treasurer of the state and by him filed, and had also been registered by the commissioner of the general land office, all in conformity with the law regulating the sale of such lands; that the only installments of interest falling due up to the date of the institution of plaintiff’s suit had been paid to the state and accepted by it; and that P., with full knowledge of plaintiff’s rights, had subsequently purchased from the state, by application through the surveyor of Duval county, the same lands, paying cash, and had procured from the state patents therefor. The petition did not, however, specifically allege, that O.’s obligations had been executed so soon as his application was received by the surveyor, or that they had been executed and sent to the commissioner of the general land office, or filed with the treasurer of the state, before