Haynes v. State
Decision Date | 27 March 1907 |
Citation | 100 S.W. 912 |
Parties | HAYNES v. STATE. |
Court | Texas Supreme Court |
Action by the state against Leonard Haynes. Judgment for plaintiff was affirmed by the Court of Civil Appeals (85 S. W. 1029), and defendant brings error. Reversed and rendered.
James B. Wells, for plaintiff in error. R. V. Davidson, Atty. Gen., and Wm. E. Hawkins, Asst. Atty. Gen., for the State.
The state of Texas sued Leonard Haynes to recover five leagues of land situated between the Nueces river and the lower Rio Grande, which is within the limits of the territory of the state of Tamaulipas as it existed prior to the Texas Revolution. The land was surveyed for the state in 1884, and there is, of course, no question of the state's right to it, unless the plaintiff in error has shown a right to the land which originated at a date prior to the 19th day of December, 1836, and which right is protected by the treaty of Guadalupe Hidalgo between the United States and Mexico. Haynes claims by mesne conveyances under Antonio Zapata, who claimed to have acquired a right to the land by a grant made by the governor of Tamaulipas, under decree No. 24 of the Congress of that state. We copy the decree as follows:
There is no question made of Zapata's qualification to acquire the land; that is, that he was one of those who had settled in that section of the country and remained there according to the terms of the decree. The Court of Civil Appeals (85 S. W. 1029) found the following facts which constitute the right of Zapata to the land in question:
On the 28th day of November, 1847, Fabian Zapata, first supplemental alcalde of the municipality of the city of Guerrero, wrote to his honor, Gen. Don Antonio Canales, at the city of Victoria, Tamaulipas, as follows:
The governor of Tamaulipas issued to Antonio Zapata the following final...
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State v. Balli, 8187; Motion No. 16405.
...the political authorities of Texas or by the courts. See State v. Corrigan, 94 S.W. 101; Schaeffer v. Berry, 62 Tex. 705; Haynes v. State, 100 Tex. 433, 100 S.W. 915. We are also of the opinion, as was suggested by the Honorable Court of Civil Appeals, that to construe the quoted section of......
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State v. Valmont Plantations
...to the governor as required by Article 8 of the Colonization Law. State v. Gallardo, 106 Tex. 274, 166 S.W. 369, 373; Haynes v. State, 100 Tex. 426, 100 S.W. 912. As in State v. Gallardo, 'everything necessary to make up and complete the right of the purchasers to receive the absolute legal......
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State v. Balli
...The title was good in equity and consequently must be recognized under the terms of the Treaty of Guadalupe Hidalgo. Haynes v. State, 100 Tex. 426, 100 S.W. 912; State v. Gallardo, 106 Tex. 274, 166 S.W. 369; Kenedy Pasture Co. v. State, 111 Tex. 200, 231 S.W. The State does assert that the......
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State v. Gallardo
...32 L. Ed. 51; United States v. Pena, 175 U. S. 509, 20 Sup. Ct. 165, 44 L. Ed. 251. And the Supreme Court of Texas in Haynes v. State, 100 Tex. 426, 100 S. W. 912, held that a grant based upon a right which originated prior to the 19th day of December, 1836, was entitled to protection by th......