Depoyster v. Baker
Texas Supreme Court
Original proceeding in Supreme Court to compel by writ of mandamus defendant A. J. Baker, Commissioner of the General Land Office, to issue to plaintiff a certificate that the records of his office show that the ■sale to R. B. Coleman of survey No. 6 in Frio County was illegal and that no patent could be issued therefor, for the reason (1) that it was covered by an older title, and (2) it was not a sale of detached public lands—the certificate being necessary to secure the…
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Original proceeding in Supreme Court to compel by writ of mandamus defendant A. J. Baker, Commissioner of the General Land Office, to issue to plaintiff a certificate that the records of his office show that the ■sale to R. B. Coleman of survey No. 6 in Frio County was illegal and that no patent could be issued therefor, for the reason (1) that it was covered by an older title, and (2) it was not a sale of detached public lands—the certificate being necessary to secure the refunding of the purchase money. The opinion gives a statement of the pleadings and facts.
1Opinion of the Court
BBOWH, Associate Justice.
The Twenty-fourth Legislature of the State of Texas passed an act of which the following is the first section:
“Section 1. Be it enacted by the Legislature of the State of Texas: That section 1 of said act (the act of April 14, 1883) be so amended as to hereafter read as follows: ‘That upon proper proof being made to the Comptroller that money has been in good faith paid into "the State treasury upon lands for taxes, lease and purchase money, for which, on account of conflicts, erroneous surveys, or illegal sales, patents cannot legally issue, or upon lands which…
2Cases cited2 opinions
- Decatur v. PauldingSupreme Court of the United States · 1840
- Bledsoe v. International RailroadTexas Supreme Court · 1874
3Cited by34 opinions
- Anderson v. City of Seven PointsTexas Supreme Court · 1991
- County of Mitchell v. City National BankTexas Supreme Court · 1898
- City of Austin v. CahillTexas Supreme Court · 1905
- Caples v. ColeTexas Supreme Court · 1937
- Heaton v. BristolCourt of Appeals of Texas · 1958
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