Atkinson v. Ward

Citations

• 61 Tex. 383
• 1884 Tex. LEXIS 108

Syllabus

<p>1. Location — Withdrawal of field notes — Constitution construed.— Land was patented in 1877 on a location made in 1876, which had been located by one under whom defendant claimed, in 1853, but the field notes of the survey of 1853 were withdrawn from the - general land office by one who was not shown by the evidence to have had any interest in the location in 1873, and were never returned. Held:</p> <p>(1) There was no error in a charge of the court instructing the jury that the patent showed a valid title to the land, if the jury should find that the plaintiffs were heirs of the patentee.</p> <p>(3) The withdrawal of the field notes of the survey under the first location and failure to return them worked its forfeiture, and of all rights under it, under the act of April 35, 1871 (Pasch. Dig., art. 7098), and this without the authority being shown of the one who withdrew the field notes. The authority will be presumed.</p> <p>(3) Snider v. I. & G. N. R. Co., 53 Tex., 318, discussed.</p> <p>(4) The inhibition contained in sec. 3 of art. XIV of the constitution of 1876, prohibiting locations on land titled or equitably owned, has no application. That clause has no application to such claim of title as the statute had denounced as void.</p>