Title not in the TGLO.
See 2 Texas Reports, page 68; 61 S.W.2nd 783.
See also GSC Box 15:1.
Tried a quick copy and paste search with no luck. Is there such a thing as free case law online ?
> Title not in the TGLO.
> See 2 Texas Reports, page 68; 61 S.W.2nd 783.
> See also GSC Box 15:1.
>
>
> Tried a quick copy and paste search with no luck. Is there such a thing as free case law online ?
That appears to be the 1933 case of Barrow v. Boyles decided by the Texas Supreme Court, 122 Tex. 416, 61 S.W. 2d 783, 785, 786. Per the commentary in Lange's, "Land Titles" in the Texas Practice series, the case dealt with the validity of a Mexican grant that didn't bear the endorsement of the federal executive of Mexico on the title which was issued to land within ten leagues of the coast.
Thank you, Kent. 61 SW 2nd sounds reasonable, as opposed to 783 SW 2nd. I think I'd like to read that.
> Thank you, Kent. 61 SW 2nd sounds reasonable, as opposed to 783 SW 2nd. I think I'd like to read that.
I don't have the case at hand, but it appears to have mainly dealt with the validity of Mexican grants made within 10 leagues of the coast and to have established the principle that a title issued by an authorized agent of the government was not open to question upon the grounds that it wasn't endorsed by some particular government executive.
Is this related to a note that appears on a GLO county map? Have you checked the sketch files for that county?
The case of Barrow v. Boyles was a mandamus action brought against J.S. Boyles, County Surveyor of Harris County to compel him to make a survey of certain lands situated in Harris County that the plainfiff alleged were public lands that had been set apart to the Permanent School Fund. (See Barrow v. Boyles, 21 SW 2d 716)
The land in question was land to which title had issued in 1831 from the State of Coahuila and Texas to one Victor Blanco. County Surveyor Boyles had refused to make the survey as requested on the grounds that the Commissioner of the GLO had informed him that the land in question was not vacant unappropriated public land and because various parties were claiming title to the land and the exact nature of their claims were unknown to him.
The main basis of the plaintiff's claim was that the grant in 1831 to Victor Blanco was void for the reason that the land was within 10 leagues of the Gulf coast and title as issued did not reflect the consent or knowledge of the President of Mexico.
The court held that the question was settled by the Act of February 5, 1850 (3 Gammel's Laws 556) that provided that :
"Section 1. Be it enacted by the Legislature of the State of Texas, that no certificate of land, land warrant or evidence of land claim of any kind whatever, shall hereafter be located upon any land heretofore titled or surveyed within the limits of the colonies of Austin, De Witt and De Leon, and the Commissioner of the General Land Office is hereby prohibited from hereafter issuing a patent on any location hereafter made for any of the lands described in this act; and should any patent be hereafter issued for the same, or a part thereof, contrary to the provisions of this act, the same shall be null and void.
"Sec. 2. Be it further enacted that this act shall take effect and be in force from and after its passage." 3 Gammel's Laws, 556.
Once again Thank you Kent. The interest in this case is casual, I thought it would make for interesting reading. Wishing the McMillan family a Happy Thanksgiving and related gratuitous salutations.
God I hate these people!!
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So, you're looking in the GLO land grant database at the entry for Abstract 2, Harris County, Victor Blanco, grantee and the GLO database says:
Title not in the TGLO.
See 2 Texas Reports, page 68; 61 S.W.2nd 783.
See also GSC Box 15:1
GSC refers to the GLO Spanish Collection. The documents archived in Box 15:1 do not appear to be on line.