Stieler v. Hooper
Texas Supreme Court
Appeal from Kendall. Tried below before the Hon. T. M. Paschal. In May, 1854, at Hew Orleans, La., Geo. Butler entered into an agreement with Ernest Altgelt, by which- he appointed Altgelt his attorney in fact to locate a certificate, and in consideration of the services to be rendered by Altgelt, bound himself to give him one-third interest in the land to be located.
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Appeal from Kendall. Tried below before the Hon. T. M. Paschal. In May, 1854, at Hew Orleans, La., Geo. Butler entered into an agreement with Ernest Altgelt, by which- he appointed Altgelt his attorney in fact to locate a certificate, and in consideration of the services to be rendered by Altgelt, bound himself to give him one-third interest in the land to be located. On December 5, 1854, the general land office issued a duplicate certificate to Butler for one-third of a league. The certificate was located in two surveys, one in Kendall county and one in Wilbarger county, the patents issuing…
1Opinion of the Court
Robertson, Associate Justice.
The instrument, in form a power of attorney, is, in effect, a contract between Butler and Altgelt, by the terms of which the latter agreed to locate for the former his land certificate, and to receive as compensation one-third of the land obtained. There was no authority to sell the land conferred upon Altgelt, and it does not appear from the statement of facts that he assumed any such authority. He located a part of the certificate upon the land in controversy before the death of Butler. The remainder of the certificate was located after Butler’s death, but by…
2Cited by2 opinions
- Heirs & Unknown Heirs of Barrow v. Champion Paper & Fibre Co.Court of Appeals of Texas · 1959
- Porterfield v. TaylorCourt of Appeals of Texas · 1914