Blanc v. Alsbury
Texas Supreme Court
Appeal from Waller. Tried below before the Hon. Wm. H. Burkhart. Appellants E. Blanc et als., members of the Catholic church at Hempstead, Waller county, brought this suit against C. M. Dubois, Catholic bishop at Galveston, and Francis H. Alsbury and husband, to set aside a conveyance made by Bishop Dubois, as bishop, to F. H. Alsbury to six lots of ground out of block 163, in the city of Hempstead, on the ground that the block belonged to the Catholic church, and that the…
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Appeal from Waller. Tried below before the Hon. Wm. H. Burkhart. Appellants E. Blanc et als., members of the Catholic church at Hempstead, Waller county, brought this suit against C. M. Dubois, Catholic bishop at Galveston, and Francis H. Alsbury and husband, to set aside a conveyance made by Bishop Dubois, as bishop, to F. H. Alsbury to six lots of ground out of block 163, in the city of Hempstead, on the ground that the block belonged to the Catholic church, and that the bishop held it only as trustee, and exceeded his power as such in conveying to F. H. Alsbury. Before the trial Bishop…
1Opinion of the Court
Watts, J. Com. App.
Evidently the real intention in procuring the conveyance to be made to Bishop Dubois was to secure a church at Hempstead, in which the Roman Catholics there residing might worship at will.
That purpose is fully shown by the following recitals contained in the conveyance, viz.: “To have and to hold unto him, the said Claudius M. Dubois, for the use aforesaid, and his successors and his or their assigns, forever. It is hereby declared that the premises herein described are granted the said Claudius M. Dubois for the purpose of erecting thereon a Roman Catholic church, and…
2Cases cited1 opinion
- San Antonio v. OdinTexas Supreme Court · 1855
3Cited by2 opinions
- First Baptist Church of Paris v. FortTexas Supreme Court · 1900
- Christian Jew Foundation v. StateCourt of Appeals of Texas · 1983