Tex. & Pac. Ry. Co. v. Thompson

Citations

• 65 Tex. 186
• 1885 Tex. LEXIS 334

Syllabus

<p>1. Certificate—Relocation — Surveys—A party located lands and returned his-field notes to the land office with the accompanying certificates ; afterwards he filed corrected field notes in the land office. Held :</p> <p>(1) That if the second survey covered land which could not have been'embraced in the survey first made, under the location on which it was made, it was necessary for the parties to proceed as in an original appropriation of land. R. S., Arts. 3894, 3901.</p> <p>(2) If the location originally made would cover the land embraced in the survey last made, then, notwithstanding the first survey and the certificates were still in the general land office, the first survey could be corrected so as to-conform to the original location.</p> <p>(3) The locator would lose no right through the fault of the surveyor, through which the land actually located was not’covered by the first survey,unless he induced some subsequent locator to appropriate the land not covered by the first survey.</p> <p>(4) In the absence of evidence to the contrary, it should be presumed that the first survey was made in accordance with the location.</p> <p>2. Certificates — Locations—Patents—Covering a part of a survey with two certificates and accepting a patent under one of them, in the absence of some further fact showing an intention not to claim that part of the survey not covered by the patent, cannot operate as an abandonment of the location and survey, in so far as the land contained in it, and not covered by the patent, is concerned.</p> <p>3. Surveys—Locality—Calls—In making surveys for patents to surveys 1, 2, 3, 4, and 5, the surveyor did not actually survey the tracts ; survey 1 called to begin at an object situated by course and distance from a certain corner of survey 146, the object being the same called for as a corner of the S. grant; survey 2 called for the same objects for one of its corners as were called for in the 0. grant, but neither the S. nor the 0. grant were