Yenda v. Wheeler
Texas Supreme Court
Appeal from Victoria. - The plaintiffs brought their action of trespass to try title to a league of land. They claimed as heirs of Manuel Yenda and his wife, Caciana Samhrano, under a title issued to the latter by the commissioner of DeLeon’s colony in 1833. The defendant claimed under a purchase made at a sale of the laud for (axes in 1850. The plaintiffs gave in evidence (he grant to Caciana Samhrano, and proved that, they were (lie heirs of the grantee, and that her…
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Appeal from Victoria. - The plaintiffs brought their action of trespass to try title to a league of land. They claimed as heirs of Manuel Yenda and his wife, Caciana Samhrano, under a title issued to the latter by the commissioner of DeLeon’s colony in 1833. The defendant claimed under a purchase made at a sale of the laud for (axes in 1850. The plaintiffs gave in evidence (he grant to Caciana Samhrano, and proved that, they were (lie heirs of the grantee, and that her husband, Manuel Yenda, died in 1828 or 1829. The. defendants introduced, as evidence of title in themselves, the deed of the…
1Opinion of the CourtWheeler, J.
The question to he determined is as to the validity of the title of the defendants acquired hy their purchase at the sale of the land for taxes.
To vest a title in the purchaser, the officer must have the power to sell, and the requirements of the law must have been complied with iu making the sale. Tiie power of tlie officer to sell land for the non-payment of taxes is, iu the language of the court in Williams v. Peyton, (4 Wheat. R., 77,) “a naked “power not coupled with an interest; and iu all such cases, the law requires “ that every prerequisite to the exercise of that power must precede…
2Cited by18 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Humble Oil & Refining Co. v. StateCourt of Appeals of Texas · 1927
- Terrell v. MartinTexas Supreme Court · 1885
- Sanchez v. Hillyer-Deutsch-Jarratt Co.Court of Appeals of Texas · 1930
- Meredith v. CokerTexas Supreme Court · 1885
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