Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 136
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136 MANCHAOA v. FIELD. [Austin Term,
Argument for the appellants.
Chronister, 58 Tex., 54; Wilkinson v. Wilkinson, 20 Tex., 244; and Yates v.
Houston, 3 Tex., 452.
3. CONCESSION - SALE.- A power of attorney which conferred on the attorney
the right to take possession of land to which the principal was entitled by
virtue of a concession issued under the colonization laws of 1831, and to
hold and alienate the same as his own property, the principal undertaking
to abide by and ratify the acts of his agent, done under the authority thus
conferred, though in form a power of attorney, was in legal effect a sale of
the concession, and of the right to the land that might be acquired under it.
4. LAND -SUPERIOR TITLE -SAME.- Such an instrument, executed during the
life of the wife of the principal to whom the concession issued, conveyed
the superior title to the attorney and his vendees to the land afterwards
granted in the name of the maker of the instrument, and no interest descended
to the heirs of the wife, who died before the final title was extended.
5. PRESUMPTION OF DEED.--See opinion for facts from which the sale of land,
in the absence of direct evidence of a conveyance, was presumed.
6. PRESUMPTION.- Since the surviving husband was authorized to sell the community
property for the payment of community debts, under the laws of
Mexico, if, after the death of the wife, the surviving husband sold such
property, a presumption of good faith on the part of the husband, and of
the existence of community debts authorizing the sale, will be indulged
against the heirs, who after a lapse of forty years assert rights to the property
so sold.
APPEAL from McLennan. Tried below before the Hon. B. W.
Rimes.
The case is sufficiently stated in the opinion.
Wm. B. Hamman and Francis X. Adams, for appellants, on the
proposition that the concession was community property and the
subject of sale, cited: L. C. and Tex., vol. 1, pp. 60, 61, § 1; 1 Cp.,
5, also p. 115, § 2; Yates v. Houston, 3 Tex., 452; Jones v. Jones,
15 Tex., 147; Stramler v. Coe, 15 Tex., 215; Allen v. Harper,
19 Tex., 502; Wilkinson v. Wilkinson, 20 Tex., 244; Porter v.
Chronister, 58 Tex., 54, 55; Land L. Cal., 0. and Tex., vol. 1,
pp. 60-63; McMullen v. Hodge, 5 Tex., 72; Ryan v. Jackson, 11 Tex.,
399, 402; Portis v. Hill, 14 Tex., 70, 71; Martin v. Parker, 26 Tex.,
260; Johnson v. Harrison, 48 Tex., 257; Hodge v. Donald, 55
Tex., 349; Veramendi v. Hutchins, 56 Tex., 414; Hanrick v. Barton,
16 Wall., 170.
On the proposition that one having a legal right and in constructive
possession is not required within any time to take active steps
against opposing claims, they cited: Johnson v. Harrison, 48 Tex.,
268; McKin v. Williams, 48 Tex., 89-92; Williams v. C®nger,
49 Tex., 583, 602.
That the power of attorney did not convey the property, they
cited: Ryan v. Jackson, 11 Tex., 391; Martin v. Parker, 26 Tex.,
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/158/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .