Clay v. Clay's Heirs

Citations

• 35 Tex. 509

Syllabus

<p>1. Though the colonization laws of Coahuila and Texas prohibited colonists from selling their lands until the period of cultivation was complete, and though this prohibition continued until March 26, 1834, when it was repealed as to settlers who had received their titles, yet it was not such a prohibition as precluded equities arising against a, vendor who sold in violation of it, on the one hand, and in favor of his vendee on the other, who, on the faith of the purchase and with his vendor’s consent, went into possession and continued to occupy and improve the land until after the repeal of the prohibition. (Paschal’s Digest, Articles 589, 687 and 743.)</p> <p>2. A colonist of Coahuila and Texas received title to his headright league.in 1881. Previously, in 1880, being then in possession of the land, lie; sold part of it for a cash consideration, to T. C., and gave him a bond for title. Subsequently, in 1833 or 1834, T. C., with the consent of the colonist, his vendor, went into possession and put permanent and valuable improvements on the land; and in 1835 his vendor died, having never repudiated his title bond, nor controverted the right of T. C. to the land. Held, that practically and legally the title bond of 1830 received from these facts a new date, as of the twenty-sixth of March, 1834, when the colonist could legally have made sale of the land; and it was not necessary that a new consideration should have passed from the vendee to the vendor, on or after the twenty-sixth of March, 1834, in order to entitle the vendee to the land as. against the vendor or his heirs. (See the opinion for a review of the leading cases on this subject.)</p> <p>.3. Where a colonist of Coahuila and. Texas had sold part of his headlight while prohibited from so doing, and had delivered possession to his vendee, who, with the colonist’s consent, continued to occupy and improve the land until after the repeal of the prohibition in 1834, it was error to instruct the jury, in a sui