Todd v. Fisher & Miller
Texas Supreme Court
AppbaI from Gillespie. Tried below before the Hon. Thomas J. Devine. This was an action of trespass to try title, instituted by the appellees against the appellant on the 10th day'of January, 1856, for the recovery of six hundred and forty acres of land in Gillespie county, to which the plaintiffs had received a patent from the State on the 24th of October, 1854. The certificate on which the patent was granted, was issued to the plaintiffs on the 23d of' August, 1851, for…
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AppbaI from Gillespie. Tried below before the Hon. Thomas J. Devine. This was an action of trespass to try title, instituted by the appellees against the appellant on the 10th day'of January, 1856, for the recovery of six hundred and forty acres of land in Gillespie county, to which the plaintiffs had received a patent from the State on the 24th of October, 1854. The certificate on which the patent was granted, was issued to the plaintiffs on the 23d of' August, 1851, for part of the “premium” lands allowed them under their colonization contract, and the acts of the legislature relating…
1Opinion of the CourtMoore, J.
This suit was brought by the appellees for the recovery of six hundred and forty acres of land, for which a patent Was issued to them by virtue of an act of the legislature, passed February 1st, 1854, to enable them to perfect titles to the lands for which certificates had been issued to them, under the act of January 21st, 1850.
The appellant insists that both these laws are unconstitutional, because, as he insists, they are in conflict with the provisions of the ordinance attached to the constitution; and that the patent Was, consequently, issued without legal authority, and is, therefore,…
2Cases cited9 opinions
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3Cited by20 opinions
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