Robert Cooper Grier

“ Cragg, [1] the court say: 'Nor can there be color of title where there is a complete hiatus in the chain. Color of titles differs from titles only in externals. The substance of both is the same, were this not so. If color of title were something intrinsically and substantially less or weaker than title, then the wisdom of the legislature could not be vindicated,' &c. This construction of the statute as thus settled by the courts of Texas is conclusive, even if we doubted its correctness, which we do not. ”

“ The only question was, whether this deed from the sheriff gave him such a title or color of title as is required by the statute.
Unnecessary labor and learning has been expended by counsel, as to the construction of similar statutes in other States, and as to whether the possession of defendant was adverse or not. This section of the statute is its own interpreter. It was not made to protect mere adverse possession; it carefully defines the construction of the words used. ”

“ The limitation of three years now under consideration was intended to protect settlers under junior grants emanating from the State of Texas against older titles under the former Mexican sovereignty, as well as a fraudulent issue of head-right certificates or land scrip under the Republic. ”