Austin v. Dungan

Citations

• 46 Tex. 236

Syllabus

<p>1. Evidence.—Parties to a suit are not affected or bound by evidence, however conclusive it may seem to be, given in another case with which they liad no connection, even if the record in such case showing such facts had been offered in evidence on the trial.</p> <p>2. Surveys in Mercer’s colony.—From the fact that a survey in Mercer’s colony bore date May S, 1846, it will not be presumed in favor of a colonist claim that the survey was void, or not upon a valid file made on the land before the law of 25th June, 1845, protecting from general location lands in Mercer’s colony.</p> <p>3. Abandonment of survey.-—A survey in Mercer’s colony being in conflict with an older survey, patent thereon was refused on the field-notes; subsequently a resurvoy was made of that part of the land not in conflict, on which patent was issued, the original field-notes not being found in the land office, and the register of their return showing an erasure of the original number of acres and the reduced number inserted instead: Held, That the resurvey was a presumptive relinquishment of that part not included in the resurvey.</p> <p>4. Same.—A subsequent appropriation by the original claimant should be initiated by a file or location in the county surveyor’s office,, and not by indicating a claim to it in the land office upon the original field-notes and surveys abandoned. ’</p> <p>5. Possession of unlocated lands—Limitation.—It was error to charge the jury that “by a survey and return of the field-notes and certificate to the land office the State was informed of the extent of the claim, and in that event possession for ten years would give title, upon which suit could be maintained for the land, unless the possessor had abandoned his claim under the survey.”</p> <p>6. Same.—Nor will the continued occupation of such abandoned part confer title under the statutes of limitation, unless the land had been located b3^ some other claim severing it from the public domain.</p> <p>7. Possessio