Hancock v. McKinney
Texas Supreme Court
Appeal from Travis. This suit was instituted by the appellant, on the 20th day of August, 1849, to recover from the appellee a tract of land.
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Appeal from Travis. This suit was instituted by the appellant, on the 20th day of August, 1849, to recover from the appellee a tract of land. The plaintiff claimed title under'a location and survey made by virtue of a bead-right. certificate, on the 17th day of September, 1S4S. He alleged that the defendant, who was in possession, claimed adversely to him, under a grant for eleven leagues of land, made by the Governor of the State of Coahuila and Texas, in 1832, to San Mago Del Valle,, which he averred was void, for that, it was issued to Samuel M. Williams, representing himself as agent for…
1Opinion of the CourtLipscomb, J.
In order that there may be no misunderstanding as to the extent of tlie decision of the court in this case, it is uot improper that I should briefly express my own opinion. The important and almost the only question isas to the character of the title offered in evidence, as appears from the record.. Is it a perfect or only an inchoate right? If the first, it would separate the laud in controversy, in propria vigore, from the mass of the public domain, and the land would cease to be of the vacant laud of the State, unless it so became by tlie terms of tlie grant, or by some action of the…
2Cited by30 opinions
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- Spencer v. LapsleySupreme Court of the United States · 1858
- Airhart v. MassieuSupreme Court of the United States · 1879
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