Blassingame v. Davis

Citations

• 68 Tex. 595
• 5 S.W. 402
• 1887 Tex. LEXIS 734

Syllabus

<p>1. Survey—Mistake.—In a contest regarding a dividing line between lands purchased from a common vendor, it appeared that the deed of the last purchaser called for the dividing line as described in the deed to the first purchaser, with reference to course and distance and corners. The line was actually run and marked at the time of the first purchase, held:</p> <p>(1) Though it was apparent that the surveyor who ran the line when the first purchase was consummated, in accordance with whose calls the first purchaser’s deed was made, made a mistake in his initial point of survey, and thereby so ran the line in controversy as to deprive the first purchaser of a strip of land which he had bought, eighty varas wide; yet, in a controversy between the first purchaser and the subsequent purchaser of the remainder of the survey, who bought in ignorance of the mistake, the footsteps of the surveyor for the first purchaser must be followed, as the second purchaser was entitled to hold to the dividing line as actually run.</p> <p>2. Limitation.—Title by limitation can not be secured by an occupancy of a few varas of land adjoining that owned by the occupant, when such occupancy encroached beyond the true division line without design to claim adversely, and, when the true location of the line was not certainly known until a survey, and after such possession.</p> <p>3. Verdict—Judgment.—When in trespass to try title the verdict is for the plaintiff generally, and the judgment is for all the land described in plaintiff’s petition, if the judgment is not in accordance with the evidence as to the quantity of land to which title has been established, that fact should first have been made the subject of a motion for new trial.</p> <p>4, Assignment of Errors.—See statement for an assignment of errors held too general for consideration.</p>