Bledsoe v. Cains
Texas Supreme Court
Appeal from Upshur. Matthew Alexander settled, occupied, and caused to be surveyed by a lawful deputy surveyor of the county of his settlement three hundred and twenty acres of the vacant domain of tho State. After having occupied the land for near two years, lie wont with his family to the State of Mississippi on a visit, leaving the place in tlie possession of Joel Alexander, liis son, and halving some, of his property also -on the place.
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Appeal from Upshur. Matthew Alexander settled, occupied, and caused to be surveyed by a lawful deputy surveyor of the county of his settlement three hundred and twenty acres of the vacant domain of tho State. After having occupied the land for near two years, lie wont with his family to the State of Mississippi on a visit, leaving the place in tlie possession of Joel Alexander, liis son, and halving some, of his property also -on the place. Some few months afterwards, at the-request of liis father, Joel Alexander sold the possession to the defendant, who immediately on making tlie purchase…
1Opinion of the Court
UiPSCOMB. .1.
The authority of the occupant to soli his improvement seems to be recognized by the article 2133 of the Digest, under the qualification, however, tiiat’tlie purchaser must actually settle upon and occupy the improvements, and “that the purchaser of such improvements shall be subject to the “same conditions, restrictions, and limitations as if the original settler liad “remained in possession.” It seems to have, been the intent of the law that the possession of the. improvement should he actual and continued. And hence it would follow that if there had been a voluntary abandonment…
2Cited by7 opinions
- Stephens v. MansfieldCalifornia Supreme Court · 1858
- Hickman v. WithersTexas Supreme Court · 1892
- Prideaux v. GlasgowCourt of Appeals of Texas · 1893
- Johnson v. SimpsonCourt of Appeals of Texas · 1899
- Calvert v. RamseyTexas Supreme Court · 1883
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