Gonzales v. Ross

Citations

• 120 U.S. 605
• 7 S. Ct. 705
• 30 L. Ed. 801
• 1887 U.S. LEXIS 2007

Syllabus

<p>The Congress of Coahuila ancl Texas on the 28th April, 1832, passed a law-respecting the grant of public lands. One Gonzales applied for a grant under this law, and, on the 16th October, 1832, the governor made the grant of the land in dispute under which the plaintiffs claim in the customary form for such grants. A commissioner was appointed to give possessory title to the tract, and on the 18th April, 1834, he delivered to the grantee at Dolores formal possession of the tract, and executed and delivered a formal “testimonio” thereof. On the 26th March, 1834, the Congress of Coahuila and Texas at Monclova repealed the act of April 28, 1832. The laws of the Mexican states did not then take effect in any part of the country until promulgated there. There was no evidence of the promulgation of the repealing act at Dolores, but there was presumptive evidence tending- to show that on the 3d May, 1834, it had not been promulgated there. Held: that under all the circumstances, and in view of the distances of Dolores from Monclova, the presumption was that the repealing act had not been promulgated when the commissioner extended the title to Gonzales.</p> <p>The act of the Congress of Coahuila and Texas of March 26, 1834, creating a new system of disposing of the public lauds, did not abrogate the grants and sales which had been made under the act of April 28, 1832. nor abolish the office aud function of commissioners necessary for extending such grants.</p> <p>Trom the notorious public history of the colony of Beales aud Grant, and from other notorious facts which are stated in the opinion of tlie court, it is Held, that the governor in the gran ; to Gonzales, which is the subject matter of this suit, intended to designate and did designate the commissioner of the neighboring- enterprise as the officer to locate the grant and deliver possession to the grantee, and that his official acts therein, having been accepted and acquiesced in by the government, must Le consider