State v. Sarnes

Citations

• 47 Tex. 323

Syllabus

<p>1. Inchoate eight—Survey.—The act of August 15,1870, contemplated that the right sought to he confirmed should he it right to land whose “situation, boundaries and extent” could be described in the petition; and a survey, as part of the proceedings towards acquiring the land, was necessary.</p> <p>2. Ayuntamiento means town council.</p> <p>3. Survey necessary.—Unless the proceedings had advanced far enough to establish the right of the party to land, and a survey fixing its situation, &c., previous to December 19,1836, it was not such a right as was permitted to be confirmed by a suit under this act of 1870.</p> <p>4. Same—The 8th section of the act of 1870, requiring another survey, is to identify the land previously surveyed, so as to identify them by appropriate calls in connection with other surveys, so that they can be platted on the county maps in the land office.</p> <p>5. Mexican surveys.—This could not be done from the Mexican surveys, each of which was identified by calling fot a place, and sometimes by calling for an adjoining tract by its name.</p>