Barnard v. Good
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. Barnard brought trespass to try title against Good, claiming a tract of land lying northeast of and adjoining the Patrick Reel survey, as it appears on the maps of the land office and in the office of the county surveyor, the dividing line between the Reel tract and that sued for being in the direction S. 56° E. The defense set up was the patent to Reel, in which the call was S. 85° E., by which and the…
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Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. Barnard brought trespass to try title against Good, claiming a tract of land lying northeast of and adjoining the Patrick Reel survey, as it appears on the maps of the land office and in the office of the county surveyor, the dividing line between the Reel tract and that sued for being in the direction S. 56° E. The defense set up was the patent to Reel, in which the call was S. 85° E., by which and the extension of the lines of the Reel survey to close the survey, the greater part of the land sued for was appropriated. It…
1Opinion of the Court
Ireland, Associate Justice.
The shape of the tract of land included in the Reels grant was intended to be a square.
This is shown by both the original field-notes, as shown by the survey in Colorado county, and the patent. The patent to the heirs of Reels does not' purport to convey, and in fact does not convey, any more or different land than is covered by the original field-notes as recorded and on file in Colorado county. In the patent and field-notes of the survey the length of the lines of the four sides are the same.
The difficulty grew out of the course of the second line. It should have…
2Cases cited3 opinions
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
- Booth v. UpshurTexas Supreme Court · 1861
- Booth v. StripplemanTexas Supreme Court · 1862
3Cited by9 opinions
- Coffey v. HendricksTexas Supreme Court · 1886
- Morrill v. BartlettTexas Supreme Court · 1883
- Schnackenberg v. StateCourt of Appeals of Texas · 1921
- Wyman v. HarrisCourt of Appeals of Texas · 1949
- Dallas County Fresh Water Supply Dist. No. 7 v. Mercantile Securities Corp.Court of Appeals of Texas · 1937
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