Welder v. Hunt

Citations

• 34 Tex. 44

Syllabus

<p>1. The opinion of the majority of a jury, though accepted as a verdict by agreement of the parties litigant, will riot be regarded by this court as entitled to the consideration conceded to verdicts; and such a finding • will be set aside if it be not supported by the weight of the evidence.</p> <p>3. In the ascertainment of disputed boundaries it is a fixed rule oí law that monuments shall govern courses and distances, and courses and distances govern calls for quantity; but in the absence of calls either for monumunts or courses and distances, then calls for quantity may be resorted to</p> <p>3. If upon one side of the eldest grant no boundary line was described, either by calls for monuments or for courses and distances, and the line had not otherwise been established, then the holder of that grant would be entitled, as against subsequent locators, to claim upon that side so much of the public land as his grant called for.</p> <p>4. If, however, the holder of the eldest grant Jhad, by monuments or other notorious designation, established his boundary line in such a manner as to induce the public to believe it to be his true boundary, and subsequent locators had made their locations in the belief that it was his true boundary line, then the eldest grant could not be extended for quantity beyond that line.</p> <p>5. In the progress of the present case, the holder of the eldest grant set up and claimed a certain line as the eastern boundary of his grant, though bis boundary on that side was not defined by calls either for monuments or for courses and distances, and his grant called for seven and a half leagues. Held, that by his claim of such boundary line in the present suit, he will be estopped, as against subsequent locators, from asserting, title to any land east of sncli line, even though the quantum of his grant he not contained within the area circumscribed by such line.</p> <p>6. After the death of a surveyor, his declarations respecting a line officially