Cassin v. O'Sullivan

Citations

• 61 Tex. 594
• 1884 Tex. LEXIS 156

Syllabus

<p>1. Location of land certificate — Notice.— One who flies in a proper manner, and delivers a valid land certificate to the county surveyor, has twelve months within which to have the land applied for surveyed, as against any one having notice that he has taken these steps to appropriate the land; and this though the county surveyor failed to make the proper file entry, and did not keep either the application or the certificate in his office, but deposited them elsewhere for safe-keeping.</p> <p>2. Same. — If, under such circumstances, a third party, having notice, files upon the land another certificate before the expiration of twelve months, his file is void, and the first locator, who disregards it, and refiles any valid certificate on the land after the expiration of twelve months fro,m his own original file, thereby appropriates it.</p>