The Encyclopedic Digest of Texas Reports (Civil Cases) Volume 14; Being a Complete Encyclopedia and Digest of All the Texas Case Law (Civil) Up to 49 Civil Appeals, Posey's Unreported Cases, White & Willson's Texas Appeals Civil, and Cases in Southwester (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ... v. Flack, 52 S. W. 584, 21 Tex. Civ. App. 449, affirmed in 23 S. Ct. 345. 188 U. S. 595, 47 L. Ed. 609.. Under Rev. St., art. 4218f, an award of purchase of state school land made by the commissioner of the general land office to one who is not an actual settler, will not defeat the right of a prior purchaser whose purchase had been forfeited by the land commissioner for nonpayment to thereafter have his purchase reinstated upon tendering the arrears. Lee v. Green, 24 Tex. Civ. App. 109, 58 S. W. 196. (2) Manner of Making Request. 2 Sayles' Civ. St., art. 4218f, authorizing the reinstatement of a sale of public lands after its forfeiture for nonpayment of interest, on the written request of the purchaser, is directory as to the manner of making the request; and a claimant, subsequent to the reinstatement of a forfeited sale on the oral request of the purchaser, can not complain that the request was not in writing. Pardue v. White, 50 S. W. 591, 21 Tex. Civ. App. 121. (3) Time of Payment of Interest Due State. Under Batts' Dig. art. 4218f, authorizing purchasers of school lands, whose contracts had been forfeited for nonpayment of interest to have their claims reinstated on written request by paying the interest due to the date of reinstatement, provided no rights of third persons had intervened it was not necessary that the applicant for reinstatement should accompany his request therefor with the payment of the full amount of interest due on his claim up to the date of reinstatement in order to acquire a right in preference to a pending bid for a lease, but the language of the law admitted to the construction that the legislature intended that the commissioner of the general land office upon receiving notice on the part of the purchaser to reinstate the f...