Teel v. Huffman
Texas Supreme Court
Appeal from Fannin. Tried below before, S. H. Morgan, Esq., Special Judge. Trespass to try title. The defendant set up ólaim as a preemptor in his answer, which plaintiff moved to strike out, because it did not allege that the defendant made application to, and filed an affidavit with the proper Surveyor to secure said land in the mode prescribed by law, &c., which motion was sustained, to which defendant excepted. Verdict and judgment for plaintiff.
1Opinion of the CourtRoberts, J.
This is an action to try the title to a tract of land.
Plaintiff below claims the land under a patent. The defendant below claims under a pre-emption settlement. When, he applied to the Surveyor, and proposed to make the necessary affidavit, and obtain his survey, the patent had already issued. And although eight months had not then expired from the time of his settlement, he suffered it to expire without presenting such affidavit to the Surveyor and demanding a survey, or adopting any such legal proceedings as would secure his right to the survey, and none such have yet been resorted to by…
2Cited by4 opinions
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