Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 535
viii, 704 p. ; 22 cm.View a full description of this book.
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1875.] THE GALVESTON CITY COMPANY V. SCOTT. 535
Statement of the case.
same; his purchasing these hides from persons whose names he
does not know, or is unwilling to state; his purchase without
the exhibition of authority to the hide-skinners, and without
any bill of sale from any of his vendors, place him as one in
possession of property unlawfully obtained, with reasonable
knowledge on his part that the persons selling had come into
possession of this property unlawfully and criminally. The
verdict was contrary to the law and the evidence. The judg.
ment is reversed and the cause is remanded.
Reversed and remanded.
THE GALVESTON CITY CO. V. THOMAS J. SCOTT AND OTHERS.
1. GALVESTON CITY STOCK. The scheme of association inaugurated by
David White, in 1837, for the formation of a stock company for the
sale of the land on which the City of Galveston is built, was never carried
out by him so as to make those persons to whom he had issued
stock partners under his certificates, in compliance with their terms;
but it left those who held shares in the land by purchase from him for
a valuable consideration, associates with M. B. Menard as part owners
of the land.
3. LACHES. The holder of " White stock " who was debarred by the action
of the Galvestoh City Company from entering said company as a stockholder,
cannot, after the lapse of more than twenty years, maintain an
action to enforce a recognition of his stock, or for damages, as against
said company, which had actual exclusive possession of the land belonging
to said company from the date of its organization.
APPEAL from Galveston. Tried below before the Hon.
George B. Scott.
The plaintiffs, Thomas J. Scott and others, brought their suit
against the Galveston City Company, May 15, 1868. They alleged
the mortgage and power of sale by Menard to White,
dated December 13, 1836, and annexed a copy as an exhibit to
their petition, dated the 10th December, 1836. That, on the.,
2d February, 1837, said White, by virtue of said power of sale,
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/543/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .