Wills v. Abbey
Texas Supreme Court
Appeal from Hill. Tried below before the Hon. John Gregg. This suit was brought by appellants, as administrators of the estate of David R. Mitchell, deceased, against James H. Abbey and others, to have one-third part of a league and labor of land set apart to them, as administrators aforesaid, or to recover the value thereof in money.
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Appeal from Hill. Tried below before the Hon. John Gregg. This suit was brought by appellants, as administrators of the estate of David R. Mitchell, deceased, against James H. Abbey and others, to have one-third part of a league and labor of land set apart to them, as administrators aforesaid, or to recover the value thereof in money. John Caruthers, in 1846, made a verbal contract with J ames H. Abbey to locate a certificate for a league and labor, pay all expenses and obtain a patent therefor, for one third of the land to he so located. Caruthers, not being able to locate the certificate,…
1Opinion of the CourtBell, J.
We are of opinion that the court below did not err in the judgment which was rendered. The contract between Caruthers and the deputy surveyor, Mitchell, was contrary to law, *204(Hartley’s Dig., art. 1790.) Public policy required that the officers chosen to locate and survey the public lands should not be permitted to speculate in them, or to acquire interests in them, which would present to such officer the temptation to take advantage of the information which their official positions enabled them to acquire, to the detriment of the holders of certificates generally. (Flanikin v. Fokes, 15 Tex.,…
2Cases cited2 opinions
- De Leon v. WhiteTexas Supreme Court · 1853
- Flanikin v. FokesTexas Supreme Court · 1855
3Cited by12 opinions
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- Gidley v. Lovenberg, AdministratorCourt of Appeals of Texas · 1904
- Stanolind Oil & Gas Co. v. StateCourt of Appeals of Texas · 1937
- Cotulla v. LaxsonTexas Supreme Court · 1883
- State v. Indio Cattle Co.Court of Appeals of Texas · 1941
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