Lewis v. Mixon
Texas Supreme Court
Appeal from Goliad. The plaintiff, Nathaniel Lewis, as assignee of Mannel Canima, was the owner of a headlight certificate for a league and labor of land, one league of which was'surveyed in 1838, and the field notes returned to the General Land Office.
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Appeal from Goliad. The plaintiff, Nathaniel Lewis, as assignee of Mannel Canima, was the owner of a headlight certificate for a league and labor of land, one league of which was'surveyed in 1838, and the field notes returned to the General Land Office. A patent on this survey being subsequently refused, for the reason that the certificate was not recommended by the investigating board of Commissioners, the plaintiff", under the provision of the Constitution re-opening the District Courts for the re-establishment of unrecommended certificates, brought his suit on the 10th June, 1847, and so…
1Opinion of the Court
Hemphill, Ch. J.
Whether there be error in this decision or not, will depend upon which of the parties, plaintiff or defendants, has the superior right or equity to the land. The record does not show whether the land patented to Mixon, was located and surveyed anterior to the 16th February, 1846, the day on which the State Constitution went into active operation, or subsequent to that period. It will be seen, however, that the fact either way is not material. To assume that the location and survey were anterior to that day, would be the condition of facts most favorable to defendants, and…
2Cited by5 opinions
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- Smith v. TaylorTexas Supreme Court · 1871
- Bryan v. ShirleyTexas Supreme Court · 1880
- Murphy v. LuttrellCourt of Appeals of Texas · 1909
- Perry v. ColemanTexas Commission of Appeals · 1880