Caudle v. Welden

Citations

• 32 Tex. 355

Syllabus

<p>1—The act of January 21,1850, to secure actual settlers in Peters’ colony (Paschal’s Digest, Art. 828,) conferred no rights upon any persons except those who were, at the very time of the passage of that law, actual settlers and occupants of land within the colony, and whose possession had commenced before the 1st of July, 1848.</p> <p>3—A husband and wife settled in 1844 on public land in Peters’ colony. The wife died in 1847, leaving her husband and one child surviving her. In May, 1850, the husband, by virtue of the above cited act, obtained his certificate for 640 acres of land in the colony, and afterwards sold the land and assigned the certificate. Patent issued to the assignee, and his vendees were sued by the child of the original settlers for one-half of the land, which is claimed to be the community interest of the plaintiff’s mother, vested in him by descent. JBdd, that under the act of January 21,1850, above cited, the whole of the .land accrued to the father of the plaintiff, and passed to his assignee; and that the mother of the plaintiff never had any interest in the land which could descend to her heir, the plaintiff.</p> <p>3—The ordinance adopted with the constitution of 1845 (Pasch. Dig., Art. —,) has no bearing or effect on titles originating under the above cited act of January 21,1850, to secure actual settlers in Peters’^ colony.</p>