Legal Opinion

Houston & Texas Central Railway Co. v. State

Texas Supreme Court

Decided May 27, 1902No. 877PublishedCited by 28 opinions

Error to the Court of Civil Appeals for the Third District, in an .appeal from the District Court of Travis County. The State, sued-the Houston & Texas Central Railway Company and ■Oleott for the recovery of land. Plaintiff had judgment and defendants appealed. The case was reversed and remanded; and both appellants and appellee, complaining of various rulings therein, obtained writ of ■error on the ground that the State was a party.

1Opinion of the Court

GAINES, Chief Justice.

This action was brought by the State of Texas to recover of the Houston & Texas Central Railway Company and E. P. Olcott 170,880 acres of land located and surveyed by virtue of certificates issued to the defendant company. Among the grounds upon which the recovery was sought were, three: First, that at the time the sections of railroad were completed for which the certificates were issued, the law which authorized a grant of lands to railroads had ceased to be operative by'its own limitation and had also been repealed by the Constitution of 1869; second, that the…

2Cases cited5 opinions

  1. Quinlan v. Houston & Texas Central Railway Co.Texas Supreme Court · 1896
  2. Galveston, Harrisburg & San Antonio Railway Co. v. StateTexas Supreme Court · 1891
  3. White v. MartinTexas Supreme Court · 1886
  4. Houston & Great Northern Railroad v. KuechlerTexas Supreme Court · 1872
  5. Bacon & Bates v. RussellTexas Supreme Court · 1882

3Cited by28 opinions

  1. Federal Crude Oil Co. v. Yount-Lee Oil Co.Texas Supreme Court · 1932
  2. Koy v. SchneiderTexas Supreme Court · 1920
  3. Jefferson v. WinklerSupreme Court of Oklahoma · 1910
  4. McPherson v. Camden Fire Ins. Co.Texas Commission of Appeals · 1920
  5. Garrett v. Mercantile National BankTexas Supreme Court · 1943

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