State v. Sais

Citations

• 47 Tex. 307

Syllabus

<p>1. Western boundary of Texas.—That part of Texas on the lower Bio Grande, and between it and the Nueces, was, by act of Congress of the Bepublic, December 19, 1836, declared a part of Texas. This, however, was under the actual jurisdiction of Tamaulipas, save Corpus Christi and parts along the Nueces, until annexation? December 29, 1845. The articles of annexation did not fix the boundaries. April 29, 1846, the Legislature of Texas reiterated the claim of Texas to the Bio Grande as its western boundary. The treaty of Guadalupe Hidalgo, February 2,1848, between the United States and Mexico, established the Bio Grande as the boundary between the two nations, and the jurisdiction of Texas over this territory was acceded to by the “ Compromise Act,” on September 19, 1850, by act of Congress.</p> <p>2. Bights of Mexicans to land.—By the treaty of Guadalupe Hidalgo, it was stipulated that the civil rights of Mexicans within the territory ceded to the United States, as they then existed under the laws of Mexico, should be protected by the United States.</p> <p>3. Belief acts—Mexican title—Construction of statute.—As one of several statutes, the act of August 15, 1870, was to ascertain what lands the State should recognize as justly belonging to individuals, whether the titles from the former government were perfect or imperfect, and to have them surveyed, mapped, and patented, but not to interfere with any superior rights that might have been acquired previous to the passage of the act.</p> <p>4. Same.—This act authorized the original grantee, heir, or assignee of any Spanish or Mexican grant having its origin previous to December 19,1836, to land between the Bio Grande and Nueces rivers, and below a designated line, to file a petition to the District Court of • Travis county, which should contain a full description of the land claimed and its boundaries, accompanied with the titles, or evidence of title, or right under which it is held. The District Court was required