Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1889-08-01
YOUR TITLE.
Land Commissioner r. NJ. Hall
Issues a Circular Letter.
Course for Settlers who Obligated
Themselves to Settle on the Lands
and Failed to Do So.
To what Extent the Act of March u, 1889,
Yalidates Sales-How TO Remove I'm
certainties as to Titles.

AUSTIN, TEX, July 25.-Land Com
missioner Hall has issued the following
very important circular letter:
AUSTIN, Tex, July p, 1859.
County Clerk:
SIR Enclosed herewith is a list of
lands in counties sold under the act of
April y, 1888. The purchasers of the
lands embraced in this list all obligated
themselves to settle upon and improve
the same and to make their homes there
upon IN good faith and to continue resi-
dence for three consecutive years from
the date of settlement. Purchasers who
can furnish proof of compliance with this
obligation of settlement are adj
vised and requested to do so.
Blanks are herewith furnished you
for this purpose. Those purchasers who
have failed to comply and consequently
cannot furnish this proof are advised if
they desire to secure the land not to rely
upon their former purchase, but 10 take
such steps as are necessary to secure title
under the present law. If this advice Is
taken now they may protect themselves
from loss resulting from making further
payments to the state, and each pur-
chaser should determine and act
promptly if he has not complied strictly
with his contract of purchase. The
lands referred to herein were sold:
!. Without having been classified and
valued
,. Without a tabuIated list having been
filed with the county surveyor.
3. Without competition, that is, were
not sold to the highest bidder at the
courthouse door at public cutlery.
i. They were not sold IL the county III
which they lie, but were sold in Austin
by the state land board.
All this is shown by the records of this
office It has been explicitly declared by
the supreme court that all such sales were
absolutely void, and that no title passed
from the state TO the purchaser. ''See
Taylor vs.. Burke, GGth Texas, page
643; Martin VS.. McCarty. Tyler
term December 4 1883, and the State VS..
Carl Opperman, Austin term, May %,
1889.
The act Of March -, 1889, validates all
sales made wherein the purchaser has
complied with his contract of purchase.
This act, however, especially eNcepts
and excludes from its operations and
benefits those sales made TO purchasers
who obligated themselves to settle
upon and improve the land, unless
said purchasers or their assignees have
faithfully carried out their contracts to
purchase and strictly complied with the
rules and regulations of the land board.
This act also provides especially for as
signees who were actual settlers on the
LIST day of January, 1889 Blanks are
sent for you such assignees.
From the above it will be seen that the
titles to all land embraced i'll the inCloSed
list are still in the state except III
cases where the purchaser can make the
proof Of settlement as herein requested
1t is the duty OF this department to
assert the right of the state to such Of
these lands as may still be the property
of the state and to prepare them for sale
under the present law. Steps to this
end will be taken without unnecessary
delay. 1t is apparent that not only the
advantage of the state but OF all persons
interested in any way in any Of these
lands would be- best subserved by the
hearty assistance and cooperation of
such persons With their assist
ance it should not be difficult,
nor should mach time be required,
to adjust and remove all difficulties and
uncertainties now connected with these
titles. by LnlS Jle general welfare o.
che state will be advanced and the pros
perity and development of many counties
accelerated. The simplest method of
proceeding would be for the purchaser to
relinquish to the state by deed or to per-
nit his land to revert to the state by
Withholding the interest payment due on
August l., next. Where any of these
lands, title to which is in the
state, have been entered upon and are
now occupied by settlers claiming ad-
verseIy to the old purchase the legal
rights of SAID settlers VIII be protected.
Such settlers as were residing upon any
of said lands on July s, 1889, have a
preference right for a period of SIX
months from the time the same shall have
been appraised, etc, to purchase.
See section s, act of April s, 1899, page
81, general laws of Twenty-frst legisla-
ture.
1t is held by this department that the
act of March u, 1889, yalidates all sales
made by the land board where the pur-
chaser did not colgate himself to settle
upon the land. Respectfully,
r. NJ. HALL, Commissioner.