Telfener v. Russ
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. The court stated the case as follows: On tbe 14th of July, 1819, the legislature of Texas passed an act “ to provide for the sale of a portion of the unappropriated public lands of the State,” and the investment of the proceeds.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. The court stated the case as follows: On tbe 14th of July, 1819, the legislature of Texas passed an act “ to provide for the sale of a portion of the unappropriated public lands of the State,” and the investment of the proceeds. The following are the sections of the act which bear upon this case : “ Sec. 2. That any person, firm or corporation, desiring ■ to purchase any of -the unappropriated lands' herein set apart and reserved for sale, may do so by causing the' tract or tracts which such person, firm or…
1Opinion of the Court
Ms. Justice Field,
after stating the case, delivered the opinion of the court.
Two questions were presented for our consideration on the argument of this case — 1st, whether the plaintiff below, the defendant in error here, acquired any assignable interest in the real property described in the contract upon which the action is brought; 2d, assuming that’he had an assignable interest, whether the rule for the measure of damages for breach of the contract for such interest by the defendant was correctly stated to the jury by the court.
1. The State of Texas opened its unappropriated lands for sale…
2Cases cited3 opinions
- Jumbo Cattle Co. v. Bacon & GravesTexas Supreme Court · 1890
- Kempner v. HeidenheimerTexas Supreme Court · 1886
- White v. MartinTexas Supreme Court · 1886
3Cited by16 opinions
- Barry v. Jackson, Texas Court of Appeals, 3rd District (Austin)2010
- Jonas v. NoelTennessee Supreme Court · 1897
- Telfener v. RussSupreme Court of the United States · 1896
- Banning Co. v. California Ex Rel. WebbSupreme Court of the United States · 1916
- Kasten Construction Co. v. JollesCourt of Appeals of Maryland · 1971
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