Gattison v. Meyer , 1927 Tex. App. LEXIS 680 ( 1927 )

On Motion for Rehearing.

Counsel now call attention to article 5311b of the Revised Statutes of 1925 as authority for the contention that appellees’ title, though defective, had been made valid at the date of the trial below. That article is a part of an amendment adopted by the legislature in March, 1925. The material portions of the article are as follows:

“In cases where public free school and asylum land has been advertised as being subject to forfeiture for nonpayment of interest and to be forfeited and canceled and come on the market for sale at some future sale date and such land was declared forfeited and the sale canceled on the records of the general land office and sale awards issued upon applications filed at such sale date, and said sale award has been held by the Supreme Court to be void and all other sale awards which may be void or voidable or the titles to which may have become defective from any cause, are hereby validated, and when the said land shall be fully paid for together with payment of all fees it shall be patented.”

That statute, we think, has no reference to lands which had been purchased at a valid sale, and which had not previously been legally forfeited by the commissioner of the general land office.

The motion is overruled.