Johns v. Schutz

Citations

• 47 Tex. 578

Syllabus

<p>1. Surveys—Lines.—If the boundaries of a grant were marked upon the ground, or otherwise indicated in the grant, so that the land can he identified with reasonable certain ty, it is all that is required; it is not necessary to the validity of a grant that the lines should have been actually defined and marked by a scientific surveyor.</p> <p>2. Presumption—Grant.—It will be presumed that the acts of officers of a former Government are within and not in excess of their authority; so that a grant made by the authorities of El Paso, in 1827, of land within the town limits, coupled with possession under the grant up to the present time, is held sufficient to establish thq prima facie validity of such grant as conveying title from the Government.</p> <p>3. Galls in survey.—A call for a line on “ the side of the north, at the foot of lhe hills, and leaving inside all that can be cultivated,” must control a call for a line “taking the course from west to east.”</p> <p>4. Boundabies.—See facts held sufficient proof of the locality of a line of a survey at variance with a call for course and distance.</p>