Welder v. Carroll

Citations

• 29 Tex. 317

Syllabus

<p>The entire description in a patent must be taken, and the identity of land ascertained by a reasonable construction of the language used. If there be a repugnant call, which by the other calls in the patent clearly appears to have been made through mistake, that does not make void the patent. But if the land granted be so inaccurately described as to render the identity wholly uncertain, it is admitted that the grant is void. (Paschal’s Dig., Art. 5294, Note 1144.)</p> <p>Where a grant called for a map, as part of the description, the map is admissible in evidence to explain and sustain the grant.</p> <p>Where the map referred is not attached to the testimonio, and is not an archive in the general land office, where it ought to be, in the absence of any objection to the failure to allege the loss or destruction of the original maps, or to account for their non-production, the grantee has the right to resort to secondary evidence of the contents of such maps. (Paschal’s Dig., Arts. 70, 71, Notes 250, 251.)</p> <p>Where the original map referred to in the grant was traced to the office of the district surveyor, a compared copy, proved by the surveyor, ought to have been submitted to the jury, and it should have been left to them to determine whether it was the same referred to in the grant or not, and if it be the same, it may be consulted to identify the land.</p> <p>Such map, not being found in the public office where it belonged, could not be proved by certificate, under the 89th or 91st section of the act to regulate proceedings in the district court. (Paschal’s Dig., Arts. 3715, 3717, Notes 839, 841.)</p> <p>But where the map had remained in such district surveyor’s office for a term of several years, and had been used by him as an archive, the sworn copy should have been admitted, without the necessity of producing the original.</p> <p>If the boundaries „of a survey can be ascertained and established by a resurvey, following the calls in the title and map for