Booth v. Strippleman
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. James H. .Bell. The appellant, Booth, instituted this suit for a mandamus to the appellee, Strippleman, compelling him, as district surveyor of the Colorado land district, to survey certain land upon which the appellant had filed sundry land certificates, which land the appellant claimed to be vacant public domain and subject to his appropriation. C. C. Herbert, R. and D. Gr.
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Appeal from Colorado. Tried below before the Hon. James H. .Bell. The appellant, Booth, instituted this suit for a mandamus to the appellee, Strippleman, compelling him, as district surveyor of the Colorado land district, to survey certain land upon which the appellant had filed sundry land certificates, which land the appellant claimed to be vacant public domain and subject to his appropriation. C. C. Herbert, R. and D. Gr. Mills, Q. Dunovant, and Calvin Gordon, proprietors of the surrounding surveys, and claimants of the land filed upon by the plaintiff, were also made defendants in virtue…
1Opinion of the CourtMooes, J.
It is the usual and ordinary presumption that grants óf land made by the State have been separated from the mass of public domain by an actual survey, made with a chain and compass. When, therefore, a re-survey is made, for the purpose of designating or ascertaining a tract of land that has been previously granted, resort is primarily had to the course and distance, as called for in • the survey; and if they, and all the' specialities given in the grant for its identification, are found to-agree with the survey, there is no doubt as to its true locality.. *441But owing to the ignorance,…
2Cases cited2 opinions
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- Finberg v. GilbertTexas Supreme Court · 1911
- Stover v. GilbertTexas Supreme Court · 1923
- Robinson v. DossTexas Supreme Court · 1880
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