Cassin v. O'Sullivan
Texas Supreme Court
Appeal from McMullen. Tried below before the Hon. D. P. Marr. This was an application for a mandamus to compel the county surveyor of McMullen county to receive and record an application for the survey of four sections of land made by William Oassin on the 9th of December, 1882, and to survey the same. E. H. Brown, claiming the land under a subsequent location, made on the 12th of December, 1882, was made a party defendant.
Read the full summary
Appeal from McMullen. Tried below before the Hon. D. P. Marr. This was an application for a mandamus to compel the county surveyor of McMullen county to receive and record an application for the survey of four sections of land made by William Oassin on the 9th of December, 1882, and to survey the same. E. H. Brown, claiming the land under a subsequent location, made on the 12th of December, 1882, was made a party defendant. The defendants claimed that the land was not vacant at the date of Cassin’s location, because Brown had previously filed upon it on the 12th of December, 1881, which had…
1Opinion of the Court
Stayton, Associate Justice.
— To entitle the appellant to the relief sought, it was incumbent on him to show that the land which *595he sought to locate was unappropriated public domain on the 9th of December, 1882. The locations made on the same land December 11, 1881, by Brown, deprived the land of that character and withdrew it from location by another for the period of twelve months. McKinney v. Grassmeyer, 51 Tex., 381; R. S., 3902.
The files of Brown were made in the proper manner, with a proper officer, and were supported by valid land certificates, which, with the applications for the land,…
2Cases cited4 opinions
- Houston & Texas Central R. R. v. McGeheeTexas Supreme Court · 1878
- Kimmell v. WheelerTexas Supreme Court · 1858
- McKinney v. GrassmeyerTexas Supreme Court · 1879
- Morris v. Byers' HeirsTexas Supreme Court · 1855
3Cited by4 opinions
- Jones v. LeeTexas Supreme Court · 1893
- Stark v. ChaisonTexas Commission of Appeals · 1932
- Taylor v. CriswellCourt of Appeals of Texas · 1893
- State v. JonesCourt of Appeals of Texas · 1944