Ayers v. Harris

Citations

• 64 Tex. 296

Syllabus

<p>1. Survey — Charge of court.— If the footsteps of the surveyor who made a survey, the true locality of which is in issue, can be traced by the objects called for by him in his description, it is not important to determine which corner was first established by him on the ground.</p> <p>3. Same.— In seeking to ascertain the true locality of a survey which was actually made, controlling importance cannot be given to the corner first described as the beginning corner in the grant, especially in a case where the surveyor had testified that he really began the survey at a different corner, and ran the lines on the ground, reversing the courses described in the grant. In such a case it is not error to instruct the jury that if, by reversing the calls and tracing the lines in a different direction from that called for in the field-notes, they can more nearly harmonize all the calls of the grant, it is their duty to do so.</p> <p>3. Case distinguished. — This case distinguished from Phillips v. Ayres, 45 Tex., 601.</p> <p>4. Survey — Charge of court.— When the court has carefully instructed a jury as to the comparative dignity and force of calls in the grant describing a survey, the locality of which is in dispute, it is not error to instruct them that, if they cannot identify any designated corner from the evidence, it is their province to fix the lines of the survey (in subordination to the general rules which the court has described) in such a way as will most nearly harmonize the calls with known corners and marked lines identified, before them by evidence.</p> <p>5. Same — Charge of court.— When the river front of a survey was ascertained, and its upper and lower corners identified, see statement and opinion for facts which rendered it improper for the judge to charge the jury that, if they could not fix the locality of the back line with reasonable certainty, they should locate it so as that the survey would embrace the number of acres called for in the grant.</p> <