Bracken v. Wells
Texas Supreme Court
Appeal from Gonzales County. This is an application for a mandamus to compel the surveyor .of Gonzales county to survey for the appellee a certain tract of land which he designates in his petition, and which he alleges he selected and pointed out to said surveyor on the 15th of February, 1838, to be surveyed under and by virtue of a certificate issued to him on the 18th of January, 1838, by the board of land commissioners of Fayette county, and that the surveyor refuses to…
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Appeal from Gonzales County. This is an application for a mandamus to compel the surveyor .of Gonzales county to survey for the appellee a certain tract of land which he designates in his petition, and which he alleges he selected and pointed out to said surveyor on the 15th of February, 1838, to be surveyed under and by virtue of a certificate issued to him on the 18th of January, 1838, by the board of land commissioners of Fayette county, and that the surveyor refuses to malee the survey, assigning as his reason therefor that the land had been surveyed for one William Bracken. lie alleges…
1Opinion of the Court
Opinion of tbe court by
Chief Justice Hemphill.
In this case the judgment of the court below must be reversed. The statute prohibits surveys on certificates for head-rights unless they are certified by the clerk of the county court where the certificates were issued or are proposed to be located, •or by the commissioner of the general land office, as having been reported by the commissioners appointed to detect fraudulent land certificates, etc. And any survey made contrary to the intent and meaning of the act is declared to be null and void. [Laws of 1840, p. 161.]
A court cannot issue a…
2Cited by6 opinions
- Heaton v. BristolCourt of Appeals of Texas · 1958
- Lott v. KingTexas Supreme Court · 1891
- State ex rel. Dixon v. Trustees of the Internal Improvement FundSupreme Court of Florida · 1884
- Caven v. ColemanTexas Supreme Court · 1907
- Longnecker v. EstesCourt of Appeals of Texas · 1927
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