Heirs v. Hubert
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Trespass to try title, by the heirs of Jesse Bartlett against. Mary A. Hubert. In 1824 Samuel Miller received a grant for a league of land on the west side of the Brazos river, at the mouth of New Years creek, and conveyed the same, in August, 1837, to Bartlett.
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Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Trespass to try title, by the heirs of Jesse Bartlett against. Mary A. Hubert. In 1824 Samuel Miller received a grant for a league of land on the west side of the Brazos river, at the mouth of New Years creek, and conveyed the same, in August, 1837, to Bartlett. The field-notes of said grant were as follows: Beginning at the Brazos river, at the upper corner of the league of John Elam, which is a mound at the distance of eight varas from an elm, S. 40 ° W., and six varas from another elm, N. 30 ° W.; thence 3543 varas* west…
1Opinion of the CourtRoberts, J.
The question in this case is, which is the true western boundary line of the Miller league: the one which the Surveyor Sims ran, in making the survey ? or the one which he called for by course and distance and did not run ? It is now shown by Sims, the Surveyor, that he completed the survey; and finding, upon calculation, that it contained too little land, he corrected the survey by extending the Southern boundary line, four or five hundred varas, and at that point putting down a stake. He did not make a regular corner there, by making bearing trees or calling for any objects; but in…
2Cited by2 opinions
- Stafford v. KingTexas Supreme Court · 1867
- Blankenship & Blake Co. v. TillmanCourt of Appeals of Texas · 1892