Perry v. Glass
Texas Supreme Court
Error from Titus. Tried below before the Honorable W. S. Todd. This was a suit brought by the plaintiff in error against M. A. Glass, William Conner and Alexander V. Chism, for the recovery of a tract of land surveyed by virtue of the conditional headright certificate for six hundred and forty acres of land issued to Elizabeth R. Chism, as her headright, on the 20th day of December, 1839, afterwards patented to Alexander V. Chism as assignee of said Elizabeth R. Chism,…
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Error from Titus. Tried below before the Honorable W. S. Todd. This was a suit brought by the plaintiff in error against M. A. Glass, William Conner and Alexander V. Chism, for the recovery of a tract of land surveyed by virtue of the conditional headright certificate for six hundred and forty acres of land issued to Elizabeth R. Chism, as her headright, on the 20th day of December, 1839, afterwards patented to Alexander V. Chism as assignee of said Elizabeth R. Chism, (afterwards Elizabeth R. Gooch.) The petition alleged that on the 27th day of September, 1845, said Elizabeth B,. Gooch and…
1Opinion of the CourtBell, J.
The conditional certificate issued to Mrs. Elizabeth R. Chism, was issued, as it recites upon its face, “ agreeably to the provisions of the act of the 4th of January, 1889,” extending donations of land to emigrants. The act of 4th of Jan., 1839, provided that no sale of a claim to land by virtue of a conditional certificate issued in accordance with its provisions, should be valid in law, or binding upon the person selling the same until an unconditional deed was obtained by the grantee. (O. & W. Dig., Art. 246, of the repealed laws; Graham v. Henry, 17 Tex. Rep., 164.)
The sale, therefore,…
2Cases cited1 opinion
- Graham v. HenryTexas Supreme Court · 1856
3Cited by2 opinions
- City Nat. Bank of El Paso v. El Paso & N. E. Ry. Co.Court of Appeals of Texas · 1920
- Hereford v. HouseCourt of Appeals of Texas · 1897