Sideck v. Duran

Citations

• 67 Tex. 256
• 3 S.W. 264
• 1887 Tex. LEXIS 860

Syllabus

<p>1. Mexican Grant—Lapse of Time.—Titles fairly issued by the former government, prior to the revolution of 1836, to land near the line of the premium lands granted to the empressarios Power and Hewitson, which line, according to their colonial contract, was to run parallel with the coast, will not now, after the lapse of so many years, be disturbed by showing that the land was a few miles within or without the true boundary of said colony.</p> <p>3. Forfeiture of Grant.—Neither the settler under the colonization laws, who regularly acquired title from the government by grant, nor those holding under him, forfeited their right by ceasing to occupy the land granted.</p> <p>3. Colonization Laws.—Under the provisions of the decrees of March 36, 1834, and of March 34.1835, the colonial settlers, or those purchasing from them, were required to cultivate their land for the period of six years before they were released from the conditions, for non compliance with which the political authorities of the State might take from them their lands and titles.</p> <p>4. Relinquishment of Title.—There was no analogy between the relinquishment of title under the colonization laws of Mexico by a settler and the abandonment of title vested by patent from the State. Under the laws of Spain and Mexico, as they existed in 1834. the owner of land lost his title to it when he ceased to occupy it with the intention of relinquishing his claim to it. (Landes v. Perkins, 13 Mo., 356; and Clark v. Hammerle, 36 Mo., 639; followed.)</p> <p>5. Same.—A settler under the colonial laws of Mexico, who had already received a grant of land, in his application for other land after stating that his grant was issued without authority, and praying for another, used this language: “ Saving my right to claim that which was given tome by mistake.” Held:</p> <p>(1) He was not, under the laws in force, entitled to two grants,</p> <p>(3) The intention to relinquish the first grant, in the event title to land last