Wilson v. Standefer

Citation184 U.S. 399,22 S.Ct. 384,46 L.Ed. 612
Decision Date03 March 1902
Docket NumberNo. 105,105
PartiesT. K. WILSON, Plff. in Err. , v. J. F. STANDEFER
CourtUnited States Supreme Court

Statement by Mr. Justice Shiras:

This was an action brought in the district court of Tom Green county, Texas, in May, 1899, by J. F. Standefer against T. K. Wilson, involving the title and ownership of a tract of land containing 640 acres situated in said county.

At the trial a jury was waived, and an agreed statement of facts was filed, which was as follows:

'1. The land sued for and described in plaintiff's petition, to wit, section No. 42, district No. 11, S.P.R.R. Co., in Tom Green county, Texas, was on May 1, 1882, public free school land, being the alternate section surveyed by said S.P.R.R. Co. for the public school fund of Texas and reserved under the Constitution and laws for the use and benefit of the public free schools of Texas, and was part of the said land, the sale of which was authorized under the act of the legislature of Texas, approved July 8, 1879, and the amendment thereto approved April 6, 1881.

'2. That on the first day of May, 1882, said survey of land was recognized and abstracted by the state as situated wholly in Concho county and was so recognized, abstracted, assessed for taxation, and taxes paid thereon until the year 1891, when the boundary line between the counties of Concho and Tom Green was run and established under a joint survey made by the two counties, and said land was ascertained to be in Tom Green, and has since said year been recognized and abstracted by the state as situated in Tom Green county, and since said year has been assessed for taxation and the taxes paid thereon in said Tom Green county.

'3. That the county surveyor of Concho county, in obedience to and under the act approved July 8, 1879, and the amendment thereto approved April 6, 1881, viewed and appraised said land under oath, as required by said act, and made return of same to the commissioners' court of Concho county, which said court examined and approved same, classifying as suitable only for grazing purposes, no timber or water, and appraised it at $1.00 per acre.

'4. That upon the completion of said appraisement the county commissioners' court of Concho county prepared a tabulated report of their action as to said survey, setting forth the following, to wit, 'Survey No. 42, district No. 11, 640 acres, S. P. R. R. Co., $1 per acre, suitable only for grazing purposes, no timber or water,' one copy of which said report was filed in the office of the county surveyor of Concho county, one copy forwarded to the commissioner of the general land office, and one copy to the treasurer of the state.

'5. That upon receipt of said tabulated report by the commissioner of the general land office the same was by him examined and in all things approved, and the said commissioner of the general land office notified the county surveyor of Concho county of his approval of said tabulated report and appraisement.

'6. That thereafter, on May 1, 1882, Thomas Dolan made his application in writing to the county surveyor of Concho county to purchase said land, which said application was as follows, to wit: 'To the surveyor of Concho county: In accordance with the provisions of an act to amend the caption and §§ 1, 2, 3, 4, 5, 6, 7, and 8 of an act to provide for the sale of alternate sections of land in organized counties, as surveyed by railroad companies and other works of internal improvements and set apart for the benefit of the common school fund, to provide for the investment of the proceeds and to repeal all laws in conflict therewith, approved July 8, 1879, and to provide for the sale of such lands in unorganized counties, approved April 6, 1881, I hereby apply to purchase the following land: Section No. 42, district No. 11, Concho County, about N. 12 miles from Kickappoo Springs, surveyed for S. P. R. R. Co. certificates: Beginning at N. E. corner S. P. R. R. Co. survey 117, thence north 1,900 varas, thence west 1,900 varas, thence south 1,900 varas, thence east 1,900 varas to the place of beginning. Date, 1st day of May, 1882. (Signed) Thomas Dolan;' which said application was on same day filed with said county surveyor and recorded by him May 22, 1882, and all fees required by law paid to said surveyor.

'7. That immediately thereafter said Thomas Dolan forwarded to the state treasurer his application, with the sum of $32, being 1-20 of the appraised value of said land at $1 per acre, and said treasurer entered a credit on his books in the name of said Dolan, and thereafter, on June 22d, 1882, the state treasurer issued a receipt for said first payment as follows: Treasurer's office, Austin, Texas, June 22d, 1882. Received of Maddox Bros. & A. on account of Thomas Dolan the sum of $32, the same being first payment on section No. 42, district No. 11, S. P. R. R. Co., of state school land in Concho county under an act to provide for the sale of the alternate sections of land set apart for the benefit of the common school fund. Approved April 6, 1881. (Signed) F. R. Lubbock, treasurer. And said state treasurer forwarded said receipt, together with said application, to the commissioner of the general land office, who filed said application in his office on June 22d, 1882, and issued his certificate in lieu thereof, setting forth the amount paid to the treasurer, and the quantity, description, and valuation of the land applied for; which said certificate was by said Thomas Dolan presented to the county surveyor of Concho county, who thereupon surveyed the land embraced in said original application, recorded the filed notes thereof in his office, and forwarded same to the commissioner of the general land office, and entered said land on his books July 2, 1882, as sold to said Thomas Dolan, and he paid the said surveyor all fees required by law.

'8. That when said surveyor received said application said Thomas Dolan executed and delivered his obligation to the state for the balance of the purchase money of said survey of land, said obligation being as follows, to wit: '$608.00. Note for purchase money, common school lands. For value received, I, the subscriber hereto, do promise to pay to the governor of the state of Texas and his successors in office the sum of six hundred and eight dollars, with interest thereon at the rate of 8 per cent per annum, as hereinafter specified, the same being the purchase money for the following-described tracts of land this day purchased by me from the state of Texas in accordance with the terms of an act of the legislature of said state, viz., An Act to Amend the Caption and §§ 1, 2, 3, 4, 5, 6, 7, and 8 of an Act to Provide for the Sale of Alternate Sections of Land in Organized Counties as Surveyed by Railroad Companies and Other Works of Internal Improvement and Set Apart for the Benefit of the Common School Fund; to Provide for the Investment of the Proceeds, and to Repeal All Laws in Conflict Therewith, Approved July 8, 1879, and to Provide for the Sale of Such Lands in Unorganized Counties, Approved April 6, 1881, to wit, Survey 42, District 11, Surveyed for the S. P. R. R. Co., Concho County. I am to pay or cause to be paid into the treasury of the state of Texas, on the 1st day of January of each year, one-twentieth of the above amount, together with the annual interest of 8 per cent, upon the unpaid principal until this entire obligation is liquidated, and it is expressly understood that I am to comply with all the conditions and requirements and am subject to all the penalties contained and prescribed in the above-recited act. Witness my hand this the 1st day of May, 1882. (Signed) Thomas Dolan;' which said obligation was forwarded to the commissioner of the general land office and by him registered in a book kept for that purpose, setting forth the name of the purchaser, the amount and date of the obligation, the tract of land for which it was given, and the county in which situated, and indorsed said obligation as follows: 'Registered June 22nd, 1882. W. C. Walsh, commissioner of the general land office,' and delivered said obligation to the treasurer of the state, who filed the same in his office.

'9. That said Thomas Dolan and his vendees paid on account of interest on said obligation as the same accrued the sum of $272.65, which was received and applied as interest thereon, but the other payments of principal, except the first payment of 1-20 of the appraised value of said land, to wit, $32, which paid at the time of his said application to purchase, as aforesaid, was deferred, as authorized and permitted by said act.

'10. That thereafter said Thomas Dolan sold said land and conveyed it by deed in proper form to H. Buckley, duly acknowledged and recorded and filed in the land office, and thereafter by regular and constructive chain of transfers said title vested in the Ostrander & Loomis Land & Live Stock Company on April 4, 1888, all of which said conveyances being properly acknowledged and duly recorded and filed as required by law, each of said vendees in succession assuming to pay to the state the balance of the purchase money and interest, as provided in the obligation of said Dolan.

'11. That said land, among others, was mortgaged by said Ostrander & Loomis Land & Live Stock Company to the Knickerbocker Trust Company to secure payment of $600,000.00 due holders of its coupon bonds; that in 1892 said Ostrander & Loomis Land & Live Stock Company became insolvent and unable to meet any of its obligations, and in a suit in the district court of Tom Green county, brought to foreclose said mortgage, judgment was entered on the 17th day of May, 1898, foreclosing the same and ordering the sale of the land so mortgaged, including said survey 42 described in plaintiff's said petition; that an order of sale issued in due form and time on said judgment, and said survey of land, with others, was sold thereunder by the...

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