Thompson v. Johnson
Texas Commission of Appeals
Appeal from Jack county. Opinion by Delaney, J. Statement.— This suit was brought by appellant against appellee to cancel a patent issued to the latter and remove cloud from the title to a tract of land held and claimed by the former. Plaintiff claims that he is entitled to the land as a homestead by pre-emption.
Read the full summary
Appeal from Jack county. Opinion by Delaney, J. Statement.— This suit was brought by appellant against appellee to cancel a patent issued to the latter and remove cloud from the title to a tract of land held and claimed by the former. Plaintiff claims that he is entitled to the land as a homestead by pre-emption. He had settled on the land with his family on October 16, 1874; believed it vacant; had it surveyed on December 16, 1874, and the field-notes returned to the land office. On December 6,1877, he made the proper proofs of residence, etc., and had them filed in the land, office, and has…
1Opinion of the Court
Opinion.— This objection cannot be maintained, as the commissioner had passed upon the validity of the assign*260ment and had issued a patent to the assignee. From, that time the assignment became a record of the land office, and the copy was properly admitted. Short v. Wade, 25 Tex., 510; Mason v. McLaughlin, 16 Tex., 24, But appellant insists that the transfer from Burnet and wife to appellee was void because it was not by deed authenticated as required by act of March 24, 1871. Pasch. Dig., art. 7103. But we cannot accept this conclusion. The act of 1871 above referred to does not apply to…
2Cases cited3 opinions
- McKinney v. GrassmeyerTexas Supreme Court · 1879
- Mason v. McLaughlinTexas Supreme Court · 1856
- Short v. WadeTexas Supreme Court · 1860