Myers v. Cockrill
Texas Supreme Court
Error from Dallas. Trespass to try title by plaintiff in error against the defendant in error. (The transcript in this case not having been found in the Clerk’s office, we are unable to state the facts. Reps.)
1Opinion of the CourtWheeler, J.
It cannot be successfully questioned, that the legislative grant to the defendant’s vendor was a legal appropriation of the land granted, unless it had been previously appropriated. The material question to be determined therefore is, whether the plaintiff had acquired a right to the land in question, prior to the defendant’s grant.
The plaintiff may have been well entitled to his certificate, as a colonist, under the Act of January 21, 1850, (Hart. Dig. Art. 2229, et seq.) without being thereby entitled to claim any particular or certain tract or parcel of land. The right to his certificate…
2Cited by1 opinion
- European-American Colonization Society v. ReedTexas Supreme Court · 1860