State v. Snyder

Citations

• 66 Tex. 687
• 18 S.W. 106
• 1886 Tex. LEXIS 599

Syllabus

<p>1 Jurisdiction—School lands.—Suit was brought by the state April 12, 1884, in Mitchell county, Texas, to recover thirty sections of school land alleged to have been fraudulently purchased from the state The suit was brought under authority of the act of April 14, 1883, to investigate land frauds, etc. On October 15, 1884, the defendant pleaded to the jurisdiction of the court, setting forth that undei the act authorizing the suit, the district court of Travis county alon. had jurisdiction of such suits when brought to recover thirty sections of land On December 30, 1884, the state amended its petition, and reduced its claim to twenty sections of land On January 5, 1885, the defendants renewed their plea to the jurisdiction, setting forth, that from April 12, 1884, to December 30, 1884, the suit was, and remained a suit for more than twenty sections of land of which the district court of Travis county alone had jurisdiction On January 7 1885, the plea to the jurisdiction was sustained. Held.</p> <p>(1) The act of April 14, 1883, required such suits to be brought within twelve months after it took effect</p> <p>(2) The suit was practically a suit to try title</p> <p>(3) In such a suit the state may set up such facts as are necessary to such relief as could be given only by a court of equity, without in the least depriving the action of its character as an action to try title to land.</p> <p>(4) The jurisdiction of the district court of Mitchell county over the subject matter of litigation, was not dependant on the act of April 14,1883, but existed by reason of the jurisdiction conferred on it by.the constitution.</p> <p>(5) The sixth section of the act of April 14, 1883, determined the venue of actions to be instituted under it, but did not confer jurisdiction over the subject matter; and if no objection Were made in proper time and manner to the venue, a suit might be maintained in any county in the State for over twenty-five sections of land</p> <p>(6) The court