Houston & Texas Central R. R. v. McGehee

Citations

• 49 Tex. 481

Syllabus

<p>1. Fact case, involving priority of location of a tract of land claimed by both parties.</p> <p>2. Location—Notice.—A file or entry in a surveyor’s book is not notice of a location, unless such book be kept in the office of the surveyor, and be accessible to inspection, as provided by act of 1856. (Paschal’s Dig., 4573.)</p> <p>3. Location.—A prior location, followed by the statutory diligence in making survey and returning the field-notes, is an appropriation of the land against any claim having its inception subsequent to such date.</p> <p>4. Location—Evidence.—It is proper to submit to the jury, in a contest between two locations, whether in point of fact a location or file was made in a book of entries kept for that purpose in the proper office; the date, as shown in an entry in a memorandum book of the surveyor, being insisted on as determining the true date of the entry.</p> <p>5. Opinions of Commissioner of Land Office.—The opinions of the Commissioner of the General Land Office cannot change the effect of facts which determine the priority of locations, and such opinions are not admissible in evidence.</p> <p>6. Judgment, form of.—That a judgment for defendant in an action of trespass to try title, with plea of not guilty, in addition to the ordinary judgment for the defendant, goes on to quiet defendant’s title, is no ground of reversal.</p>