Legal Opinion

New York and Texas Land Co. v. Thomson

Texas Supreme Court

Decided December 15, 1891No. 6921PublishedCited by 35 opinions

This controversy arose over the file and location by the appellee R M. Thomson of certain land certificates owned by him upon land which the appellant the ¡New York and Texas Land Company, Limited, claimed to have already appropriated by valid files, location, and surveys.

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This controversy arose over the file and location by the appellee R M. Thomson of certain land certificates owned by him upon land which the appellant the ¡New York and Texas Land Company, Limited, claimed to have already appropriated by valid files, location, and surveys. The suit was originally brought in the District Court of Kinney County by R. M. Thomson, appellee, against W. M. Locke as district surveyor of Bexar Land District, and the appellant the ¡New York and Texas Land Company, Limited. The original petition was filed March 1, 1884. Plaintiff Thomson prayed for a mandamus to compel…

1Opinion of the Court

GARRETT, Presiding Judge,

Section B.—There are but two controlling questions in this case:

1. Whether the calls for Devil’s River made in the original surveys of Kuechler should be extended so as to cross the river, or should yield to course and distance.

2. . Whether the constitutional bar against land certificates, when copies and unlocated balances have been issued, should run from the date of the Constitution, when they are in existence then, or from the date of the copies or unlocated balances.

If it should be ascertained that the calls for Devil’s River in the field notes of Kuechler’s…

2Cases cited3 opinions

  1. Adams v. Houston & Texas Central Railway Co.Texas Supreme Court · 1888
  2. Cox v. BrayTexas Supreme Court · 1866
  3. Booth v. StripplemanTexas Supreme Court · 1884

3Cited by35 opinions

  1. State of Texas v. BradfordTexas Supreme Court · 1932
  2. State of Texas v. BalliTexas Supreme Court · 1944
  3. Weatherly v. JacksonTexas Supreme Court · 1934
  4. Turner v. SmithTexas Supreme Court · 1933
  5. Landry v. RobisonTexas Supreme Court · 1920

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