Thomson v. Houston & Texas Central Railway Co.

Citations

• 68 Tex. 392
• 4 S.W. 629
• 1887 Tex. LEXIS 703

Syllabus

<p>1. Survey.—In 1874, a county surveyor could, without then making an actual survey, avail himself of knowledge obtained by a former survey, and make out field notes by virtue of a valid land certificate, or an authorized copy thereof in his possession, whereby land could be as effectually severed from the public domain as though it had been actually surveyed by virtue of the certificate which appropriated it. To establish a different rule under the laws then in force would involve consequences so grave that it could only be justified by a statute clearly requiring it.</p> <p>2. Same.—Such an appropriation of land, under the laws then in force, when made by virtue of a valid certificate, was not affected by the fact that, without making an actual survey, the county surveyor adopted a survey which was shown by his return to the general land office to have been made before the issuance of the certificate.</p> <p>3. Same.—An indorsement made in the general land office on the field notes of a survey, of its illegality can not affect legal rights.</p>