Winder v. Williams
Texas Supreme Court
Appeal from Panola. Tried below before the Hon. Charles A. Frazer. ' This was a suit by the appellant against the appellees, John K. Williams, T. A. Patillo, Mitchell Smith, Jesse Snider, and A. B. Speir, for a mandamus, to- compel the said Williams, as surveyor of Panola county, to survey for him, certain land which he alleged he was entitled to, by virtue of a file made for him by his agent, on the 13th March, 1844, of the head-right certificate of Mary Fury, for 1280…
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Appeal from Panola. Tried below before the Hon. Charles A. Frazer. ' This was a suit by the appellant against the appellees, John K. Williams, T. A. Patillo, Mitchell Smith, Jesse Snider, and A. B. Speir, for a mandamus, to- compel the said Williams, as surveyor of Panola county, to survey for him, certain land which he alleged he was entitled to, by virtue of a file made for him by his agent, on the 13th March, 1844, of the head-right certificate of Mary Fury, for 1280 acres of land, and of G. W. Morris, for 320 acres of land. These certificates were alleged to be valid and genuine; but…
1Opinion of the CourtWheeled, C. J.
The original petition was, manifestly, insufficient. It showed no title or right in the plaintiff to sue. It did not aver ownership of the certificates in the plaintiff; nor did it give any description or designation of the plaintiff’s entries, or show in what locality the land is situated. The entry should have sufficient certainty to apprize the surveyor what particular land he is required to survey. And to entitle the plaintiff to a mandamus against the surveyor, it devolved on him to show that he had made such an entry, and that there was no impediment to the making of the survey. This…
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