Pain v. Miller
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. L. W. Cooper. The facts are clearly condensed in the opinion of the court.
1Opinion of the CourtEvans, P. J.
This is a proceeding by mandamus to compel the surveyor of Houston county to survey the homestead of the plaintiff.
*80The statement of facts shows that Pain, being a tenant of Coleman’s, and cultivating a part of his farm in 1869, for convenience of wood and water, moved with his family, and erected a house on public land, under the impression that it was Coleman’s, and not vacant.
On learning his right, by our homestead law, to acquire ahorne for himself and family where he was living, as it was public land, he applied to the surveyor, in June, 1871, to have his homestead surveyed.
The surveyor…
2Cited by6 opinions
- Williams v. FinleyTexas Supreme Court · 1906
- Rodgers v. DailyTexas Supreme Court · 1877
- Turner v. FergusonTexas Supreme Court · 1882
- Brinkley v. SmithCourt of Appeals of Texas · 1896
- Horne v. GambrellTexas Commission of Appeals · 1881
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