Henderson County v. Shook
Texas Supreme Court
Henderson County v. Shook, 51 Tex. 370 (Tex. 1879)
Bonner
Henderson County v. Shook
Opinion of the Court
In this case patent had issued to Henderson county for her school lands, situated in Jack county, prior to' the institution of the suit. The plaintiff sought to avoid the same, virtually, upon the ground that although the surveys had been made under the acts of January 26, 1839, and February 5, 1840, prior to his settlement as a preemptor, yet they had not been returned to the general land office until thereafter.
The material question in the case has been decided in the case of Riddle v. Fannin County, supra; and under the authority of that decision, the judgment below is reversed and the cause dismissed.
Reversed and dismissed.
Reference
- Full Case Name
- Henderson County v. J. A. Shook
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Statutes construed—Preemptor—School land.—Pour leagues of school land were surveyed for Henderson county in December, 1856, and the survey recorded in the county in which the land was situate; the field-notes were not returned to the general land office until May 27,1874; the patent issued March 8, 1875. B settled on the land as a preemptor in July, 1873. In September, 1875, he brought an action of trespass to try title against Henderson county for one hundred and sixty acres of the land : Held, That the patent passed the title, and the land was not subject to preemption.