Hanrick v. Jackson

Citations

• 55 Tex. 17
• 1880 Tex. LEXIS 148

Syllabus

<p>1. Presumptions in favor of title.—Whether an officer authorized to extend title to lands in Texas prior to the revolution of 1836, set forth in the title the authority given him by the governor to extend the title, and that a concession had been granted, the presumption •will be indulged that he acted in conformity with law and not in violation of it.</p> <p>3. Mexican grant.— An authentic copy of the testimonio of a concession, given to the interested party, and incorporated in the papers constituting the grant, would, where there was one concession to three parties for land to each, be as effectual as the original testimonio.</p> <p>3. Interlineations and erasures in a grant.—Interlineations and erasures found in the protocol of a grant, noted and referred to at the foot of each paper where they occur in the expedientes of title above the signature of the officer who extends title and of the subscribing witnesses, do not cast such suspicion on the title as to authorize its exclusion as evidence.</p> <p>' 4. Mistake in a grant.— When it appears from all the papers constituting an expedientes of title that the grant was intended for one party, and the name of another party appears in the granting clause, the name in the granting clause will be regarded as having been inserted through mistake, and this, though the erasures and interlineations in other portions of the grant may show that the grant was originally begun and intended for him whose name remained in the granting clause.</p> <p>5. Fraud — Mistake.— Two grants of eleven leagues were made to the same party. There was no evidence that a testimonio ever issued on the grant first made, that possession was ever taken of it, that it was ever claimed by the grantee or by any one under him, or that he ever paid government dues on it. The land covered by the second grant was selected by the grantee, was always claimed by his vendees, and soon after the organization of the general land office, the agent of the gra