Melton v. Cobb
Texas Supreme Court
Error from Kaufman. Tried below before Hon. H. J. Jewett. Trespass to try title by the intestate of plaintiff in error, who set up in his petition the following title in himself: “ That the land was heretofore surveyed for him by virtue of a portion of his own headright certificate,” duly issued, &c.
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Error from Kaufman. Tried below before Hon. H. J. Jewett. Trespass to try title by the intestate of plaintiff in error, who set up in his petition the following title in himself: “ That the land was heretofore surveyed for him by virtue of a portion of his own headright certificate,” duly issued, &c. “ That said survey was made on the 3rd day of February, 1846, by a lawful Deputy Surveyor, for the county of Nacogdoches, which county then embraced the land included in said above described survey.” Defendant in error pleaded “ Not Guilty,” and for special defence, that on-day of June, 1846, he…
1Opinion of the CourtWheeler, J.
That the contract of the 29th of January, 1844, if valid, reserved the land in question from location and appropriation, by the plaintiff’s certificate, cannot be doubted. But it is insisted that the contract was invalid, for the want *541of authority, on the part of the President of the Republic, to confer on the grantee the benefits contemplated by the Joint Resolution of the 16th of February, 1843. (Hart. Dig. Art. 2103.) He undoubtedly had authority under the Act of the 4th of February, 1841, (Id. 2005, et seq..) and the amendatory Act of the 5th of February, 1842, (Id. 2087 and 2088,) to…
2Cited by34 opinions
- Lawther Grain Co. v. WinnifordTexas Commission of Appeals · 1923
- Moore v. KennedyTexas Supreme Court · 1891
- Lindsay v. JaffrayTexas Supreme Court · 1881
- First National Bank v. Greenville Oil & Cotton Co.Court of Appeals of Texas · 1901
- Ferguson v. FergusonTexas Commission of Appeals · 1930
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