Nobles v. Magnolia Cattle Co.

Citations

• 69 Tex. 434
• 9 S.W. 448
• 1887 Tex. LEXIS 846

Syllabus

<p>Public Land — Fraud.—A lessee from the State under the act of 1883, applied to lease six hundred and forty acres of land as “dry pasture land.” After the lease was made, an actual settler applied for and purchased the land as “dry land,” paying the price, going into possession and making the improvements required by law. In a contest between the lessee as plaintiff and the purchaser, after the plaintiff had pleaded his lease, in which the land was designated as dry land, he offered in evidence his second application to lease, made after the purchase by the actual settler, in which the land was designated as “watered land,” held:</p> <p>(1) The admission of the second application and the lease thereunder was erroneous, since a recovery was sought expressly under the original lease, the action could not be sustained under the second lease.</p> <p>(2) Though the section was in fact watered land, and had been misrepresented to the officers of the State by both the lessee and the purchaser, no one but the State could complain of the fraud, and as between the parties, the actual settler who had consummated his purchase was entitled to recover.</p>