Palmer v. Curtner

Citations

• 55 Tex. 64
• 1881 Tex. LEXIS 82

Syllabus

<p>1. Commissioner of claims — Land certificate.— The action of the commissioner of claims, under the act to ascertain the legal claims for money and land against the state, approved August 1, 1856, in approving a bounty warrant for the benefit of the original assignee, was not conclusive against the rights of those claiming by purchase from the original grantee prior to the- issuance of the bounty warrant, nor against the rights of an assignee.</p> <p>3. Same.— The provisions of the act conferring authority on the commissioner of claims, requiring him to withhold his approval until the evidence referred to in the act was produced, was not designed to make the ultimate rights of assignees depend on their ability to produce before him the required evidence. The act was not designed to create a tribunal to determine private rights, and did not preclude the real owner of a certificate from resorting to the courts to establish rights which the commissioner failed to recognize.</p>