Oliver v. Mahoney

Citations

• 61 Tex. 610

Syllabus

<p>1. Survey. — A survey called for “a corner” on the prairie, with no other call at that point to designate its locality, and then called to run “thence S. 80° E. with the west line ” of an older survey, which west line was an open, unmarked prairie line. The surveyor testified that he established that corner “ at the hpad of a prairie branch,” and called to run from that comer with the line of the older survey, because he thought he had reached it. He had not reached it by over three hundred varas. To stop at 'the head of the prairie branch would give the survey its proper quantity of land. Held:</p> <p>(1) The survey must stop at the head of the branch, at the point identified by the exddence, and where the distance was exhausted.</p> <p>(2) The call for the open line of the older survey will not control the call for distance when the evidence shows the mistake, and traces the footsteps of the surveyor, who, in fact, stopped at the “ head of the prairie branch,” where the distance was exhausted.</p>