Opinion
Nos. A332 and A333.
Decided November 15, 1944.
Limitation — Application for Writ of Error.
When the Court is of the opinion that the State's right to recover land is barred by the one year statute of limitation, its application for writ of error will be refused.
Applications for writ of error to the Court of Civil Appeals for the First District, in an appeal from Brazoria County.
Suits in trespass to try title brought by the State of Texas against Gilbert Sneed and the Pan-American Production Company, for the recovery of 15.1 acres of unsurveyed school land in Brazoria County, Texas. The land in question was within five miles of a producing oil well. The Land Commissioner, upon the assumption that the limitation against the sale of lands within said proximity of a producing well was inapplicable to lands claimed under preference right to purchase under sections 5 of the Acts of 1931 (Article 5421C Vernon's Civil Statutes), and under advises from the Attorney General, assumed to award the land to the Sneeds, and later issued patent to that effect. The trial court denied the State any recovery, save its 1/16th royalty, reserved in the original patent. The Court of Civil Appeals affirmed that judgment, 181 S.W.2d 983, and the State has applied to the Supreme Court for a writ of error, which was refused, and motions for rehearing have been filed.
Motions overruled.
Grover Sellers, Attorney General, Gaynor Kendal, Geo. W. Barcus, Fagan Dickson and Ocie Speer, Assistants Attorney General, for petitioner.
Turner, Rodgers Winn, Carlton R. Winn, George S. Terry, all of Dallas, Donald Campbell and L.A. Thompson, both of Tulsa, Okla., for Stanolind Oil Gas Company, and Carlos B. Masterson, of Angelton, for Hiram Moore, Ralph B. Lee, R.E. Seagler and Rex G. Baker for Humble Oil Refining Company, and Vinson, Elkins, Weems Francis and Tarlton Morrow, all of Houston, for the Sneeds, all respondents.
On the 18th day of October, 1944, we refused applications for writs of error in the above cases. The applications were refused because we were of the opinion that the State's suits to recover the land were barred by the one year statute of militation. Revised Statutes, Art. 5329, sec. 4; Caples v. Cole, 129 Tex. 370, 102 S.W.2d 173, 104 S.W.2d 3.
The motions for rehearing are overruled.