Duren v. Houston & Texas Central Railway Co.
Texas Supreme Court
Certified Questions from Court of Civil Appeals for Second District, in an appeal from Hardeman County. The matters certified are as follows: “ First.
Read the full summary
Certified Questions from Court of Civil Appeals for Second District, in an appeal from Hardeman County. The matters certified are as follows: “ First. The Sidney Smith one-third league certificate was located in Van Zandt County in 1854, and afterwards, with field notes, returned to and filed in the General Land Office, where it remained till 1869, when it was floated and withdrawn by one Cundiff for the owners, with the consent of the Commissioner, and in 1874 located on the land in controversy and ‘afterwards returned, with field notes, to Land Office within propel1 time. If the surveys…
1Opinion of the Court
GAINES, Associate Justice.
This case comes to us for the determination of certain questions certified by the Court of Civil Appeals of the Second Supreme Judicial District.
1. The first matter certified is resolved into three different questions. We answer, first, that the court should take judicial knowledge of the fact that in 1854 all the unappropriated public domain in Van Zandt County was reserved from location by virtue of the Act of December 21, 1853, entitled “An act to provide for the construction of the Mississippi & Pacific Railroad.” Spec. Laws 1853-54, p. 7; Woods v. Durrett, 28…
2Cases cited5 opinions
- Carroll v. CarrollTexas Supreme Court · 1858
- Caperton v. WanslowTexas Supreme Court · 1856
- Wright v. HawkinsTexas Supreme Court · 1866
- St. Louis, Arkansas & Texas Railway Co. v. PratherCourt of Appeals of Texas · 1889
- Howard v. PerryTexas Supreme Court · 1851
3Cited by43 opinions
- West Texas Utilities Company v. IrvinTexas Supreme Court · 1960
- Cain v. BonnerTexas Supreme Court · 1917
- Loomis v. CobbCourt of Appeals of Texas · 1913
- Threadgill v. BickerstaffTexas Supreme Court · 1895
- Moreno v. StateCourt of Criminal Appeals of Texas · 1976
38 more not listed; retrieve them via the Exa API.