Sanders v. Duval

Citations

• 39 Tex. 182

Syllabus

<p>1. Suit was prosecuted to success to establish a certificate not recommended by the traveling board of Land Commissioners; the certificate of the clerk to such judgment was located as a certificate, and a patent issued thereon. Held, that the original eartificate was merged in the judgment, and all locations and surveys under the original certificate were avoided by such relocation after judgment.</p> <p>2. Upon the failure to return field notes duly certified, with the certificate, to the Land Office, as prescribed by the act of February 10, 1852, the location and survey became void, and the land subject to relocation.</p> <p>3. The purchaser of land covered by the abandoned location, pending the suit to validate the certificate, has no equities against a subsequent locator of the land, who has obtained a patent upon his location.</p> <p>4. Upon the acquisition by purchase of lands adjoining the residence or farm of the purchaser, his possession is not extended by construction to the limits of his new purchase, nor will occasional entries thereon he held as occupation and enjoyment under the five years statute of limitation.</p>