Manchaca v. Field

Citations

• 62 Tex. 135
• 1884 Tex. LEXIS 197

Syllabus

<p>1. Colonization law—Sale.—The right of the purchaser of lands under article 24 of the colonization law of March 24,1825, to sell his concession, or to alienate the land previous to the expiration of six years from the date of the concession, was contemplated by article 27 of the laws and decrees of Coahuila and Texas. Citing Fulton v. Duncan, 18 Tex., 37.</p> <p>2. Community property.—A concession issued under the twenty-fourth article of the 'colonization laws of March 18, 1831, being the. subject of sale, was property, in which the wife of the party to whom it issued had a community interest, which on her death descended to her heirs, and attached to the grant subsequently extended in the name of the husband. Citing Porter v. Chronister, 58 Tex., 54; Wilkinson v. Wilkinson, 20 Tex., 244; and Tates v. Houston, 3 Tex., 452.</p> <p>3. Concession—Sale.— A power of attorney which conferred on the attorney the right to take possession of land to which the principal was entitled by virtue of a concession issued under the colonization laws of 1831, and to hold and alienate the same as his own property, the principal undertaking to abide by and ratify the acts of his agent, done under the authority thus conferred, though in form a power of attorney, was in legal effect a sale of the concession, and of the right to the land that might be acquired under it.</p> <p>4. Land — Superior title — Same.—Such an instrument, executed during the life of the wife of the principal to whom the concession issued, conveyed the superior title to the attorney and his vendees to the land afterwards granted in the name of the maker of the instrument, and no interest descended to the heirs of the wife, who died before the final title was extended.</p> <p>5. Presumption of deed.— See opinion for facts from which the sale of land, in the absence of direct evidence of a conveyance, was presumed.</p> <p>6. Presumption.—Since the surviving husband was authorized to sell the community property for