Legal Opinion

Rose v. Governor

Texas Supreme Court

Decided July 1, 1859PublishedCited by 14 opinions

Appeal from Travis. Tried below before the Hon. Alexander W. Terrell. This suit was brought by Robert Rose, a citizen of Galveston, Texas, for the use of Stephen Whiting, John Haggerty, and George Griswold, against the Governor of the State of Texas, for the adjudication to him, for the use aforesaid, of twenty leagues and twenty labors, as the premium lands to which Joseph Vehlein was entitled as an empresario, by virtue of two contracts made by him, with the authorities of…

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Appeal from Travis. Tried below before the Hon. Alexander W. Terrell. This suit was brought by Robert Rose, a citizen of Galveston, Texas, for the use of Stephen Whiting, John Haggerty, and George Griswold, against the Governor of the State of Texas, for the adjudication to him, for the use aforesaid, of twenty leagues and twenty labors, as the premium lands to which Joseph Vehlein was entitled as an empresario, by virtue of two contracts made by him, with the authorities of the state of Ooahuila and Texas. The first contract, made the 21st of December, 1826, by Vehlein, required him to…

1Opinion of the CourtBell, J.

There are only two questions presented by the record and in the argument of counsel. These questions prac*502tically resolve themselves into one, for they both concern the right of the plaintiffs to maintain this action. The first inquiry is, what is the proper construction to be given, in this case, to the 27th section of the Act of December 14th, 1837, entitled, “ An act to reduce into one act, and to amend the several acts relating to the establishment of a General Land Office.” The 27th section of the act reads as follows:

“ That in order to settle the claims of empresarios, each and every one…

2Cited by14 opinions

  1. Ex Parte TowlesTexas Supreme Court · 1877
  2. Kleban v. MorrisSupreme Court of Missouri · 1952
  3. Texas Mexican Railway Co. v. JarvisTexas Supreme Court · 1891
  4. Austin W. Jones Co. v. StateSupreme Judicial Court of Maine · 1923
  5. Gilbert v. StateCourt of Appeals of Texas · 1969

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