League v. De Young
Texas Supreme Court
The plaintiff, the appellant in this court, filed his petition in .the district court of Galveston county on the 30th June, 1847, alleging tbat lie wras, by lawful transfers and assignments, the-owner and holder of a certificate of which the following is a copy: “ No. 604. This is to certify that Colin T. McRea has appeared before the board of land commissioners for the county of San Augustine, and proved according to law that he arrived in this republic in the year Anno…
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The plaintiff, the appellant in this court, filed his petition in .the district court of Galveston county on the 30th June, 1847, alleging tbat lie wras, by lawful transfers and assignments, the-owner and holder of a certificate of which the following is a copy: “ No. 604. This is to certify that Colin T. McRea has appeared before the board of land commissioners for the county of San Augustine, and proved according to law that he arrived in this republic in the year Anno Domini,. 1834, and that he-is a married man, and entitled to one league and one labor of land upon the condition of paying…
1Opinion of the CourtJustice Lipscomb
In this case the judgment of the court below ought to be affirmed for the following reasons:
First, because a mandamus is not a process that can be resorted to against a state, without her consent, and this is a suit, in effect, against the state, and conducted by no authority derived from the state,; that it is an attempted evasion of the well established principle, that the sovereign authority cannot be sued, in its own courts, without its express assent to such suit.
Second, because Ihe different acts of the congress of the republic of Texas, to detect fraudulent land certificates, are…
2Cases cited4 opinions
- Hosner v. DeYoungTexas Supreme Court · 1846
- Jones v. MenardTexas Supreme Court · 1846
- Trimble v. Administrator of SmithersTexas Supreme Court · 1846
- Board of Land Commissioners of Nacogdoches County v. ReilyTexas Supreme Court · 1841
3Cited by18 opinions
- Herring v. Houston National Exchange BankTexas Supreme Court · 1923
- State ex rel. Hart v. BurkeSupreme Court of Louisiana · 1881
- Rudder v. PonderTexas Supreme Court · 1956
- San Antonio Independent School Dist. v. State Board of EducationCourt of Appeals of Texas · 1937
- Coleman v. Beaumont Independent School DistrictCourt of Appeals of Texas · 1973
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