Matagorda County v. Casey

• Decision Date: 01 February 1908
• Citation: Matagorda County v. Casey, 108 S.W. 476, 49 Tex.Civ.App. 35 (Tex. App. 1908)
• Parties: MATAGORDA COUNTY v. CASEY.<SMALL><SUP>*</SUP></SMALL>
• Court: Texas Court of Appeals

108 S.W. 476

MATAGORDA COUNTY v. CASEY.^*

Court of Civil Appeals of Texas.

February 1, 1908.

Rehearing Denied February 29, 1908.

Error from District Court, Wise County; J. W. Patterson, Judge.

Trespass to try title by Matagorda county against W. H. Casey. There was a judgment for defendant, and plaintiff brings error. Affirmed.

J. W. Conger and John E. Linn, for plaintiff in error. R. E. Carswell, for defendant in error.

SPEER, J.

This is an action of trespass to try title instituted by plaintiff in error against defendant in error to recover block 99, Matagorda county school lands, situated in Wise county. There was judgment for the defendant.

The merits of the appeal may be determined for the most part by an examination of the orders of the commissioners' court of plaintiff in error county, complained of by plaintiff in error upon the one hand as being void, and urged by defendant in error on the other hand as being sufficient to support the sale made to his vendor thereunder, and therefore to authorize the judgment rendered in his favor. On May 15, 1888, the commissioners' court of Matagorda county passed the following order: "It is ordered by the court that an order of this court made on the 16th day of February, 1888, and recorded in Book C, Minutes of Commissioners' Court, p. 88, be amended so as to read as follows, viz.: It is ordered by the court that Donald & Cobb of Wise county, Tex., be and are hereby appointed as agents for the county of Matagorda in the place of F. C. McCamly, deceased, for the management and the sale of the Matagorda school lands remaining unsold situated in said Wise county, and are fully authorized and impowered to sell and convey (by general warranty deed, or deeds to the purchaser or purchasers and receive the purchase money therefor) each and all of said lands at the prices hereinafter set forth in the schedule showing the number of the blocks and prices annexed, to wit, schedule ______, block No. 99, $3 per acre, * * * and upon the following terms, to wit: One-tenth part cash, and the balance in 10 equal installments of one-tenth each, the first one due January 1st following the date of sale, and the others on the 1st day of January of each year thereafter, all of said notes bearing 10 per cent. interest from date, and interest payable annually, said deferred payments to be secured by deed of trust from the purchaser, the purchaser to pay for the execution and the record of all the deeds, deeds of trust, and releases, and the cash payment and all subsequent payments of principal and interest are to be made payable at Galveston, Tex., or may be paid to Donald & Cobb with exchange sufficient to convey the same to Galveston where said money shall be deposited with Ball, Hutchins & Co., as follows: The principal to the credit of the permanent school fund of Matagorda county, and the interest to the credit of J. H. Selkirk, county treasurer of Matagorda county, or his successor in office. Donald & Cobb are instructed to make an annual report on or before the 1st day of May of each year to the county judge of Matagorda county, Tex., giving a...