El Paso herald. (El Paso, Tex.) 1901-1931, 1915-06-11

& USTN, Tex, June 11-AmOng the
~ bills passed during the recent
special session Of the legislature,
and which has been signed by the gov
ernor. and is now effective, is a meas
ure by senator Hudspeth, Of Fl Paso.
TO validate sales and Of
lana made by towns and villages in
Texas which were created unoer Span
ish and Mexican authorities. In other
words, this new law v~alidates these
old Spanish and Mexican land grants,
title TO which have been frequently
aSsa1led IN the courts Of Texas 1t IS
provided in this measure that all sales
actually made and all allotments IN
s~everalty OF land actually made to in
~ividua by any town or village in
this state of lands granted by any Of
Iicers acting as authorities Of Spain or
Mexico, OF Of any state Of Mexico, and
ratified and patented by the state OF
Texas to such towns or villages, or TO
the Inhabitants thereof, be and the same
are hereby validated in favor Of the
origina purchasers or allotees from
any such town or village-whether such
sale or allotment was made without
authority under the laws existing at
b time the sale was d Thus II
VIII be observed that the provisions OF
the law are broad and will tend to
validate many Of these grants situated
IN the western portion Of Texas. It
applies particularly to the Socorro and
San liar grants in FL PasO county
The provisions Of this act do not up
ply to any grant of land made TO any
individual person or persons under or
by authority Of the colonization laws
OF the republic of Iexico or Of any OF
the Mexican states.
The Law.
The bill follows, minus the caption
and the preamble, which recites the
necessity for the measure;
Section !. Be il enacted by the legis-
lature Of the state of Texas That all
sales actually made and all auotments
in ~severalty of and actually made to
individuals by any to n OF village in
this state Of lands granted by any off
GERS acting as authorities OF Spain or
Mexico. or Of any state Of Mexico. and
ratified and patented by the state Of
Texas to such towns OF villages. or TO
the Inhabitants thereof, be and the
same are hereby validated in favor OF
the original purchasers or anottees
any such town or village, or their
heirs, devisees, vendees, assigns or sue
cessOrs In the claim of title which
originated out Of any such sale or al
lotment, n whether the sale or al
lotment was made without authority
under the laws existing at the time the
sale was made, or without complying
with said existing laws, or by a valid
or invalid corporation or reincOrpora-
ton under the general laws OF Texas, |
OF M4LAU4L MGDLplLaLADl VI was III {
valid because the land sold or allotted
lay outside Of the corporate limits Of /
incorporation under the general
laws Of Texas or was Invalid for other 7
reasons, and whether or not such new
Incorporation was valid or invalid, or ]
had jurisdiction to deal with he-lands
formerly granted to said town or not
and whether such town or village was
Incorporated or not; provided that
there exist two or more invalid {
sales nr aNH0rmnm~g mana nv any such j
town or village the first in point Of
time only Of said sales is hereby vail
dated without prejudice to the rights i
Of claimants under a subsequent sale
to establish the validity Of the sale
or allotment under which they claim
to show that their titles have been
perfected under the statutes Of limita-
lions, If they can do so, with such aid
hold il invalid, may I'D them 4
under existing laws in establishing
their titles under the statutes OF limi-
but in all such cases the per-
son OF persons or corporations claim
ing under such junior sale or sales or
attempted sale or allotment shall bring
his suit to establish his title within
one year from the time this act takes
effect, or he or they shall be forever
from maintaining any suit TO
establish such junior title. n his
whether there be adverse possession
or not; and provided, further.
in any case wherein the Junior
purchaser or purchasers may establish
his or their title by judgment of court
against such senior purchasers OF al
lottees the said Junior purchasers or
purchasers title shall be held TO be
valid as against the state and said
town or village, No claimant to the
title Of land shall be entitled to claim ]
the benefit of the provisions OF this act
unless such claimant shall have had
actual visible possession OF such land
so claimed Ey him. controlling the same
under fence or actually c~ultivating the
for a period Of one year next i'm
mediately preceding the assertion OF