Moore v. Reiley

Citations

• 68 Tex. 668
• 5 S.W. 618
• 1887 Tex. LEXIS 749

Syllabus

<p>1. Survey.—A surveyor, intending to include all the unappropriated land embraced between surrounding surveys, platted his survey in his office, without going on the ground, and called in his field notes for the older contiguous surveys as its boundaries. He was mistaken as to the true location of the older surveys, and thus the office surveys, though they would include no more land than was intended, would not be changed in their configuration, if bounded by the older surveys as they were established on the ground.</p> <p>2. Same—Since there was no material excess of land over the amount called ‘for, by permitting the junior survey to appropriate all the land surrounded by lands patented and called for in the field notes, the lines of the older surveys must constitute the boundary of the junior survey calling for them.</p>