Hines v. Thorn

Citations

• 57 Tex. 98
• 1882 Tex. LEXIS 103

Syllabus

<p>I. Grant—Construction or statutes.—The commissioner issued to a colonist in November, 1835, after the decree of the consultation had closed-the land office, a title to a league of land as a colonist. Under an irrevocable power of attorney and deed, the right of the colonist to the land thus granted passed to a vendee. Such grants having been adjudged void, the administrators of the vendee petitioned for and obtained a legislative act “for the relief” of the colonist, which authorized the commissioner of the land office to issue a certificate for a like amount of land, but which provided that if the colonist “ had ever sold, aliened or conveyed any part, of the land,” etc., “then the title hereby authorized tobe issued shall issue to and vest the property so sold,” etc., “in such vendee or vendees.” The certificate was obtained and located, and the land appropriated by it was patented to the heirs of the vendee. In a suit by the original colonist and grantee, against the patentee, held,</p> <p>(1) It was the primary object of the act of the legislature to recognize the validity of the original claim of the colonist to land, notwithstanding the issuance of title after the close of the land office.</p> <p>(2) It was also intended to vest in the colonist, or his assigns, if he had sold, a title to land to which he was equitably entitled.</p> <p>(3) Though the relief act did not in terms authorize the issuance of patent to the .original vendee, such was the intention of the legislature.</p> <p>(4) Though a defect may have originally existed in the title of the vendee, on account of the law prohibiting alienation, it was cured by’a conveyance made by the colonist after the issuance of title to one through whom his original vendee also deraigned title.</p> <p>(5) Title to the certificate, which was but the evidence of right to land, vested in the assignee of the colonist in like manner as title to the land would.</p> <p>S. Pact case—Evidence.— See opinion for facts tend