Jones v. Burgett

Citations

• 46 Tex. 284

Syllabus

<p>1. Amendment—Hew cause of action.—An amendment correcting the description o£ a call made for the beginning corner of the field-notes of a tract of land sued for, and which amendment is but a better description of the same tract of land claimed in the original petition, is not a new suit.</p> <p>2. Same—Limitation.—In such case, limitation is stopped by the filing of the original petition, as against the defendant.</p> <p>3. Survey—Evidence of survey.—Where it is shown that a tract of laud sued for forms part of a block of surveys, the outer corners of the surveys in the block being known and identified, and from adjacent surveys the position of the land sued for is thus ascertained and fixed, such evidence of identity of the land sued for is sufficient, though no lines or corners can be found of the survey in controversy.</p> <p>4. Same—Calls.—Where from actual corners, lines not marked are run by course and distance, and a stream is found where called for, but of a different name from that called for in the field-notes, it may be inferred that the call for the stream was a mistake, and to that extent course and distance would be regarded, instead of the call for a stream elsewhere made in the field-notes.</p> <p>5. Same.—Charge.—See case wdiere judge, after instructing the jury to regard calls, 1st, natural objects; 2d, artificial marks; and 3d, course and distance, “that neither of these should absolutely control the others when that other most truly indicates to the minds of the jury the proper locality of the tract.”</p> <p>6. Same.—There is no rule of law which makes a call for a natural object, under all circumstances, the controlling call, so as to preclude the consideration of other evidence as to the true locality of the land.</p> <p>7. Same.—The fact that lines of a survey were not actually run, will not invalidate a patent, provided the land can be identified with reasonable certainty; and where lines were not run, a mistake in a call for a river might