Phillips v. Ayres

Citations

• 45 Tex. 601

Syllabus

<p>1. Survey. — It was the duty of a surveyor in making a survey of the eleyen-leaguo grant, in 1833, to mark the lines, where this could be done, and to designate and call for the natural objects found in making the survey and such artificial ones as he should make, which would be sufficient to locate and identify the survey as actually made upon the ground.</p> <p>2. Presumption of survey. — Until it be otherwise shown, it is presumed the surveyor did his duty in making a survey.</p> <p>3. Contradictory calls. — If the calls in a survey are conflicting and contradictory, preference must be given to those which in their application to the grant are more specific and definite, in place of such as are merely general and indefinite or descriptive.</p> <p>4. Calls in surveys, &c. — Descriptive and locative calls defined and discussed.</p> <p>5. Lost lines and corners. — The general principles by which courts are guided in ascertaining lost lines and corners of surveys, or in fixing and defining upon the ground such as never were made, as recognized by the Supreme Court of Kentucky, adopted, as follows: (1.) “In general, distance yields to course, or,.in the absence of any circumstance bringing the mind to a contrary conclusion, the courses shall be first pursued, contracting or extending the distances, as the case may require, to make the survey close. (2.) The beginning comer in the plat, or certificate of survey, is of no higher dignity or importance than any other corner of the survey. (3.) The order in which the surveyor gives the lines and courses in his certificate of survey is of no importance to find the true position of the survey. Reversing the courses is as lawful and persuasive as following the order of the field-notes. (4.) That construction is to prevail which is most against the party claiming under the uncertain survey. It is his duty to show and establish his corners.” (5.) General, descriptive, and directory calls, although the character of the object