Snider v. International & Great Northern Railroad

Citations

• 52 Tex. 306
• 1879 Tex. LEXIS 143

Syllabus

<p>1. Presumption—Survey.—It will be presumed, in the absence oi evidence to tlie contrary, that a survey properly certified by the officer authorized to make it., and whicli is slated in his recorded field-notes as having been made by virtue of a certificate, the grantee of which is mentioned, was made for the grantee of the certificate.</p> <p>2. Survey—Certificate.—When the official records of a comity surveyor show that there were surveys of two different tracts of land under the same head right certificate, made on the same day, the entries of which were made one immediately following the other, connected by the language in which they were referred to, and the name of the surveyor, with his official title, appears to one, but his name only, without his official title, appears to the other, the omission will not he regarded as material.</p> <p>3. Forfeiture of survey—Quiere.—Whether the unexplained disappearance of field-notes of a survey from the general land office would, under a statute denouncing a forfeiture of rights upon their disappearance and a failure to return them, have such effect upon one who had acquired a right under them, and had no knowledge of or .agency in their disappearance? ' e</p> <p>4. Constitutional law—Surveys.—The act of November 29,1871, entitled “An act supplemental to an act in relation to the survey and return of genuine land certificates, passed April 25, 1871,” was not violative of sections 17 and 18 of the Constitution of 1869.</p> <p>5. Locations —Forfeiture.—The first article of the act of November 29, 1871, was intended to operate on locations and surveys under certificates made subsequent to the passage of that law, requiring the certificate to be returned with the field-notes within twelve months, and forbidding its withdrawal afterwards under penalty of forfeiture of the location and survey, unless withdrawn for the purpose of locating an unlocated balance.</p> <p>C. Location—Survey—Statute construed .—The act of November