Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-29
Attorney stewards Opinion.

Attorney Stewart was called upon and
asked his views on the effect of the law.
He said:
lregard the recent act of the legislature,
.nOwn as the alien land law. as an exceed
ingy unfortunate piece of legislation. The
act in its present shape is unwiSe and far
reaching in its evil effects upon the country
at large Article 10 of said act, among
other things provides that an alien shall
not ACQUIRE or own land in this state. and
that i deed TO land in this state to an alien,
Of firm company or corporation, composed
In whole or in part of aliens shall be void.
To this sweeping prohibition against aliens
acquiring or owning lands in this state,
there Is but single exception, and that is,
where an alien or an alien corporation has,
prior to the taking effect of this law, taken
4 mortgage on real estate to secure the pay
ment of debt, in which case such alien or
alien corporation may become the pur-
chaser of of the land by virtue of tho mort
gage in satisfaction of the debt-all other
acquisitions of lands in this state by an
alien or firm, company or corporation,
composed in whole or in part, of aliens, are
absolutely void
II takes but moments reflection to see
The depressing effect the foregoing provis-
ion of the act will necessarily have upon all
and sales in the future, owing to the mcer-
ain condition in which it places titles.
TO illustrate, suppose after the act takes
effect / desire TO purchase a tract of land,
and upon an examination of the abstract of
title to the land, l find a regular consecu-
live chain of title from the state in due and
egal form, down to my proposed vendor,
but a number of said transfers bear date
subsequent to the passage of the law under
consideration Now, how am | 10 know
whether any Of these persons who appear
from the record to have owned the land
10 20 no, of This lazy
aliens or not? II single one of them was
an alien the deed 10 me would be q nullity,
Notwithstanding ] might pay valuable
consideration for the land in ignorance of
he fact that one of my remote vendors
was AN alien. The supreme court of Texas
has held that a deed or grant declared by
law to be void is wholly without effect
and cannot be vitaliZed by an innocent pur-
chase, so that. under this law, could not
rely on my good faith in the transaction.
out must take the chances or let the land
alone and Just so with all purchasers OF
real estate in Texas after this act goes into
effect Under the act deed to home cor
poration is in like manner void if one
of its stockholders should be an alien.
This practically prohibits any domestic
corporations here in Fort Worth from pur-
chasing real estate for any purpose or under
any circumstances, for III many instances
in fact in most instances-the officers of
corporation cannot know personally and in
,iiyidually their shareholders: much less
whether they are native or naturalized citi-
gens. Hence such corporations could not,
with any degree of assurance of title, either
acquire or sell land where the law other
wise might permit.
The difficulty, not TO say impossibility, of
determining whether a title is good or bad
after this law takes effect, coupled with
the uncertainty of titles heretofore existing
On account of the homestead and COM
muuity laws, will, in my opinion, greatly
depress real estate sales and values in this
state and thereby do the country great
harm. Besides all alien loan companies do
ing business in this state will be compelled
10 withdraw and cease to do business among
us. for certainly if the act permits them TO
take mortgages on lands here to secure
loans, which is doubtful the prohibition
against their purchasing at their own sales
under such mortgages would drive them
out No company can afford TO
rish money on security II was
forbidden to buy in satisfaction
If the debt if forced to forecIose. This
going-out of the alien companies will for
the present at least, put many OF our best
citizens in a bad fix, many of whom have
obligations maturing and no money with
which 10 meet them and upon which they
cannot obtain an extension on account OF
this law. Upon the whole regard the law
:, bad one for the country generally TO say
nothing of the individual hardships it viii
work, and truly hope II will at least be
amended by the first session of the legis-
lature that may hereafter convene.