Witherspoon v. Olcott

Citations

• 119 F. 175
• 56 C.C.A. 171
• 1902 U.S. App. LEXIS 4663

Syllabus

<p>1. Public Lands—Patents—Irregular Survey.</p> <p>A patent regularly issued to state lands in Texas is not void, though the survey on which it is based was made by a surveyor working outside his regular district.</p> <p>2. Same—Trespass to Try Title.</p> <p>A title based on a patent issued on a survey of state lands made by a surveyor outside of his district will prevail in an action of trespass to try title against a defendant claiming under an alleged prior conflicting patent, the description in which does not identify the same with the land in controversy.</p>