Hardy v. Hartman

Citations

• 65 Miss. 504

Syllabus

<p>.1. Grant on Land. Condition precedent. Title passes, when.</p> <p>An act of the legislature which grants certain State lands, but requires that the grantee shall, within a stated time, file in the office of Secretary of State a prescribed bond, to be approved by the Governor, and that upon the filing and approval of such bond a patent for the lands, signed by the Governor and countersigned by the Secretary of State, shall issue to the grantees named in the act, “which patent shall vest the fee simple of said lands in’’such grantee, does not divest the State of title to such lands until the issuance of the patent, after filing and approval of the bond required.</p> <p>2. Same. Bond and patent provided for. Bond in question insufficient. Effect as to patent. Case in judgment.</p> <p>An act of the legislature, which became a law on the 27th of March, 1871, granting certain lands to the P. K. I. & N. Co., in consideration of certain public services to be performed, provided that the companyshould, within sixty days after the passage of the act, file a bond for $50,000, conditioned as therein prescribed; and that, “upon the approval and. filing of said bond,” the Secretary of State “shall make out a patent or patents, which patent or patents shall be signed by the Governor and countersigned by the Secretary of State, which patent or patents shall vest the fee simple to said lands in said company.” A bond was filed within the sixty days allowed by the act, signed by four individuals, but not signed or sealed by the ’ company or by any one claiming to be its agent. Held, that such bond is not the bond of the P. B. I..& N. Co., and as the giving of the bond prescribed by the act was a condition precedent to the company’s right to a patent, if any was issued upon the bond referred to above, it is void.</p> <p>3. Same. Issuance of patent. Emdenee.</p> <p>Proof made, as recited by the bill of exceptions sent to this court, “ that a patent issued to said company for the lan