Forbes v. Withers

Citations

• 71 Tex. 302
• 9 S.W. 154
• 1888 Tex. LEXIS 1139

Syllabus

<p>1. Location of Land Certificates, -etc.—The file indicates where the survey should be made. The survey is evidenced or certified by the field notes, which are recorded and transmitted to the land office, to be included in the patent for the land.</p> <p>2. Same—Files—Surveys.—The laws ^.Horded a means to compel the surveys to be made in accordance with a legal file. If a survey does not conform to the file, and no means are taken to correct the survey by the certificate holder or others interested in the land included, such survey when matured into a patent fixes the right of the land, regardless of whether made in accordance with the file or location of the certificate.</p> <p>3. Same.—After patent, the file or location is not important save as it may throw light upon an actual survey. (26 Texas, 68.)</p> <p>4. Survey—Calls.—In a rectangular survey, so appearing in its calls and on the maps, three corners are known; the fourth is not ascertained otherwise than by course and distance from the third comer. The call is two hundred varas longer than the parallel line on the south. Held that it was not error in the court to refuse to instruct the jury that the survey should be closed by connecting the first and fourth corners. It was not error to close the survey by reversing the last call from the first corner and running the proper course to the intersection with the third line.</p> <p>5. Priority of Surveys.—The survey which is elder in date which can be ascertained without the aid of a junior survey, the two made by same surveyor and within a few days of same date, will have priority in right.</p>