Texas Reports: Cases Argued And Decided in the Supreme Court of ..., volume 95
Texas Reports: Cases Argued And Decided in the Supreme Court of ..., volume 95
Texas. Supreme Court
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Joyce 640 acres, headright, in lieu of No. 162, issued in Shelby Coimty, without the conditional,'' and the question of the validity of this act arose in the case. In determining the point, the court say : ^The special act of the Legislature directing a certificate to issue in lieu of it was but, in effect, a direction to issue a land certificate as a donation. Such legislation would be the first and most important step in making a legislative grant of land. This, imder article 10, sec- tion 6,... of the Constitution then in force, it has been held, the Legislature then had no power to make,*' citing Bacon v. Eussell, suprisi, and Holmes V. Anderson, 59 Texas, 482. In Holmes v. Anderson, supra, the appellant claimed under a certifi- cate granted to one Holmes by a special act of the Legislature passed also in 1873. In reference to the act, the court say : "If, at the time of the adoption of the Constitution of 1870, there existed a valid un- satisfied certificate to Willett Holmes for a league and labor of land, and it had been lost, and it became necessary to have such evidence of Vol.
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