Heil & Schuster v. Martin
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. The action was by Martin and others against Schryver and others, to recover on a note and foreclose a mortgage securing it on a section of school land patented to Clifford, March 13, 1901, by virtue of his purchase of it in December, 1887, as dry grazing land belonging to the school fund, under the Act of April 1, 1887 (Gen. Laws, chap. 99, p. 83), with full…
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Application for writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. The action was by Martin and others against Schryver and others, to recover on a note and foreclose a mortgage securing it on a section of school land patented to Clifford, March 13, 1901, by virtue of his purchase of it in December, 1887, as dry grazing land belonging to the school fund, under the Act of April 1, 1887 (Gen. Laws, chap. 99, p. 83), with full payment and proof of occupancy. Heil and Schuster, who were made defendants to the foreclosure proceedings as claiming an…
1Opinion of the Court
GAINES, Chief Justice.
are of the opinion that the application for the writ of error in this case should be refused; but we are not prepared to hold that the Act of April 14, 1883, in so far as it reserved the minerals in the school, university and asylum lands, was repealed by the Act of April 1, 1887. We do not find it necessary to determine that question. The Act of April 14, 1883, while it reserved the minerals in the lands referred to for the use of the respective funds, did not provide for a sale either of the lands themselves or of the minerals contained therein. It provided for working…
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- American General Ins. Co. v. ThompsonCourt of Appeals of Texas · 1935
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