State v. Bustamente

Citations

• 47 Tex. 320

Syllabus

<p>1. Grant void for want of jurisdiction over the territory. —The Governor of Tamaulipas had no authority to extend final title to land east of the Eio Grande, January 2, 1848, under the treaty of Guadalupe Hidalgo.</p> <p>2. Same.—The grant o£ such title by the Governor had no effect upon the rights of the grantee.</p> <p>3. Want op evidence op date op title, &c.—Evidence of a survey and such void grant, affords no evidence of title. There being no evidence showing that the title had its origin anterior to December 19, 1836, nor showing the right of claimant to the land, the evidence is insufficient under the act.</p> <p>4. Secondary evidence.—Verbal evidence of the contents of the archives of the proper alcalde, to the existence and contents of xxdiich the alcalde having custody of the original archives should certify, is incompetent evidence of title founded on such record.</p>