Fowler v. Hilburn
Texas Supreme Court
Error from Lamar. Tried below before Hon. W. S. Todd. Suit brought by plaintiff in error against the District Surveyor of Lamar county to compel him to make a survey of 640 acres of land, which had been filed upon by Fowler, and against Hilburn to cancel a file made by him upon a portion of the same land of 320 acres, and to annul the survey made upon said last file.
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Error from Lamar. Tried below before Hon. W. S. Todd. Suit brought by plaintiff in error against the District Surveyor of Lamar county to compel him to make a survey of 640 acres of land, which had been filed upon by Fowler, and against Hilburn to cancel a file made by him upon a portion of the same land of 320 acres, and to annul the survey made upon said last file. Harmon, the Surveyor, answered, that between two and three o’clock on the morning of the 1st of September, 1853, the plaintiff in error, Fowler, filed upon the land described in his petition, at his residence, some nine miles…
1Opinion of the CourtWheleb, J.
The defendant did all in his power to secure his home by making his location at the earliest moment. He had previously apprised the Surveyor that he wished to make the location, and the latter had instructed him to make it with his ■deputy at his office; which he accordingly did. To receive the plaintiff’s location elsewhere, and in the night time, before the location could regularly be made by the defendant at the •office of the Surveyor, within usual business hours, was a surprise and fraud upon the defendant. The time and place •.sought by the plaintiff for making the location are evidence *491…
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