Castleman v. Pouton

Citations

• 51 Tex. 84

Syllabus

<p>1. Calls of a survey—Boundaries.—Where the testimony shows as a fact that the surveyor established a corner upon the ground, but, by mistake or otherwise, called for a survey not there, but which would be reached by prolonging the line further: Held. That the line and corner established in fact, control the erroneous call for the survey.</p> <p>2. Same.—The locality of such corner is a mixed question of law and fact, in determining which, both the rules of law and the evidence as to the footsteps of the surveyor are to be considered.</p> <p>3. Surveys.—The court will not presume that a surveyor did not actually run the lines of his surveys, in the absence of testimony.</p>