Thomas v. Porter

Citations

• 57 Tex. 59
• 1 Tex. L. R. 103
• 1882 Tex. LEXIS 93

Syllabus

<p>1. Pre-emption.— One occupying a rented place as a tenant removed with one of his family, a son, to a point on the public domain three miles distant, and began to make improvements, until three months afterwards, when he removed thither the rest of his family and remained there permanently. Held, (1) It must be presumed that he took possession of the place to which he removed for the purpose of making it his home, and it became such from the time he took possession.</p> <p>(2) In a contest with a subsequent locator, Ms failure to procure a survey of the land within twelve months after his settlement, if prevented by the conflicting location, worked no forfeiture of pre-emption rights; and the fact that he caused the field notes of Ms pre-emption survey to be returned to the general land office within twelve months after the passage of the act of May 26, 1873, entitled “An act for the benefit of actual occupants of the public lands,’’gave him the better right to the land.</p>