Pain v. Miller

Citations

• 35 Tex. 79

Syllabus

<p>Subsequent to the enactment of the Homestead Law of 1870, O. filed a certificate upon a piece of vacant land upon which P. was then living. P. had previously been a tenant of 0., and had moved from his previous residence on O.’s land to the public land, in ignorance - that the latter was vacant, and believing it to be the property of O. * After 0. had filed upon the land and obtained a survey of it, but within the twelve months allowed by the Homestead Law, P. learned the truth respecting the land, and applied to the county surveyor for a survey of it as his homestead. Held, that P. was in no sense the tenant of 0. as to the land in controversy, nor does any consideration of good faith preclude him from claiming it as against 0.; and under the Homestead Law, his right is superior to C.’s file and survey.</p>