Legal Opinion

Lamb v. James

Texas Supreme Court

Decided February 4, 1895No. 240PublishedCited by 32 opinions

Error to Court of Civil Appeals for Second District, in an appeal from Wichita County. This case involves the right of parties contracting with each other for the sale and purchase of vacant public land, in which neither party could have any title or interest. James, the vendor, claimed under an attempted purchase by one Still from the land board.

Read the full summary

Error to Court of Civil Appeals for Second District, in an appeal from Wichita County. This case involves the right of parties contracting with each other for the sale and purchase of vacant public land, in which neither party could have any title or interest. James, the vendor, claimed under an attempted purchase by one Still from the land board. This contract was void, sale not having been made in the county or district where the land was situated, and the purchaser never haying settled upon the land. Lamb, the vendee of James, at time of his purchase knew of the defect in the title. He…

1Opinion of the Court

DBRMAR, Associate Justice.

In 1885 the Gulf, Colorado & Santa Fe Railway Company survey number 2, 333 acres of land, in Wichita County, Texas, was part of the public domain set apart for the benefit of public free schools.

September 7, 1885, Still applied to the land board to purchase same as agricultural land under the Act of April, 1883, and same was by said board awarded to him; but he acquired no interest therein by virtue of said award, for the reason, (1) that he never became an actual settler thereon, and (2) the land was not sold in the county or district where situated. The State v.…

2Cases cited6 opinions

  1. Wheeler v. StylesTexas Supreme Court · 1866
  2. State v. OppermanTexas Supreme Court · 1889
  3. Johnson v. KrassinSupreme Court of Minnesota · 1878
  4. Walsh v. RogersNebraska Supreme Court · 1883
  5. Martin v. McCartyTexas Supreme Court · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Empire Gas & Fuel Co. v. StateCourt of Appeals of Texas · 1929
  2. Rayner Cattle Co. v. BedfordTexas Supreme Court · 1898
  3. Williams v. FinleyTexas Supreme Court · 1906
  4. Scott v. SlaughterCourt of Appeals of Texas · 1904
  5. Causeway Investment Co. v. NassTexas Supreme Court · 1938

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API