Hosner v. DeYoung
Texas Supreme Court
Appeal from Galveston County. At the November term, 1846, of Galveston district court, the appellant filed bis petition, alleging that he was the legal owner of a certain land certificate which was issued by the board of land commissioners from San Augustine county in 1838, to one John S. Duncan, and that the same had been duly assigned and transferred to the petitioner; that he had made application on the 24th November, 1846, to the appellee, who was the district surveyor…
Read the full summary
Appeal from Galveston County. At the November term, 1846, of Galveston district court, the appellant filed bis petition, alleging that he was the legal owner of a certain land certificate which was issued by the board of land commissioners from San Augustine county in 1838, to one John S. Duncan, and that the same had been duly assigned and transferred to the petitioner; that he had made application on the 24th November, 1846, to the appellee, who was the district surveyor of Galveston district, to survey a certaip tract of land upon and by virtue of said certificate, which lie had absolutely…
1Opinion of the CourtLirscoMB, J.
In this case I believe the judgment of the court below ought to be affirmed for the following reasons:
1st. Because a m,andamus is not a process that can be resorted to against the state without its consent, and that this suit is in effect against the state; that no state can be sued in her own courts without her consent, and then only in the manner indicated by that consent.
2d. Because it is admitted that the certificate sought to be located *(541)and surveyed was fraudulently obtained by the fraud of the board of land commissioners from which it issued, and that the name of Duncan, the…
2Cited by241 opinions
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
- Texas Department of Transportation v. JonesTexas Supreme Court · 1999
- Federal Sign v. Texas Southern UniversityTexas Supreme Court · 1997
- Tooke v. City of MexiaTexas Supreme Court · 2006
236 more not listed; retrieve them via the Exa API.