Osterman v. Baldwin
Supreme Court of the United States
In 1839, prior to the admission of Texas into our Union, and that country beiug then an independent republic, Baldwin, a citizen of New York, and an alien, of course, to Texas, purchased and paid for three lots in Galveston, from the Galveston City Company, a corporation created by law, with power to sell real estate, aud which owned the lots sold. As the company was not at the moment ready to execute deeds, he received certificates of the purchase.
Read the full summary
In 1839, prior to the admission of Texas into our Union, and that country beiug then an independent republic, Baldwin, a citizen of New York, and an alien, of course, to Texas, purchased and paid for three lots in Galveston, from the Galveston City Company, a corporation created by law, with power to sell real estate, aud which owned the lots sold. As the company was not at the moment ready to execute deeds, he received certificates of the purchase. These described-the purchased lots, acknowledged the receipt of the purchase-money, and added that Baldwin was entitled to receive a conveyance,…
1Opinion of the CourtJustice Davis
It is true, as the defendants insist, that when the pur. chases were made by Baldwin, Texas was a foreign country, with a constitution forbidding aliens to hold real estate. But the defendants cannot object on that ground. Until office found, Baldwin was competent to hold land against third persons. No one has any right to complain in a col lateral proceeding, if the sovereign does not enforce his prerogative. This court, in Cross v. De Valle, * say: “ That an alien may take by deed, or devise, and hold against any one but the sovereign, until office found, is a familiar principle of law,…
2Cases cited1 opinion
- Thompson v. CraggTexas Supreme Court · 1859
3Cited by28 opinions
- Hanrick v. PatrickSupreme Court of the United States · 1886
- Manuel v. WulffSupreme Court of the United States · 1894
- McNeeley v. South Penn Oil Co.West Virginia Supreme Court · 1903
- Billings v. Aspen Mining & Smelting Co.Court of Appeals for the Eighth Circuit · 1892
- Bogan v. Edinburgh American Land Mortg. Co.Court of Appeals for the Eighth Circuit · 1894
23 more not listed; retrieve them via the Exa API.