Hart v. Gibbons
Texas Supreme Court
Appeal from Hunt. The land in controversy in this suit had been located and surveyed under a valid certificate, for Gibbons, the appellee, in 1842, and recorded in the proper office ; but the certificate and the field notes of the survey were not returned into the General Land Office on or before the first day of January, 1852, at which time they were required bylaw to have been returned, or the location and survey become forfeited.
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Appeal from Hunt. The land in controversy in this suit had been located and surveyed under a valid certificate, for Gibbons, the appellee, in 1842, and recorded in the proper office ; but the certificate and the field notes of the survey were not returned into the General Land Office on or before the first day of January, 1852, at which time they were required bylaw to have been returned, or the location and survey become forfeited. After the last named date, the appellant located and surveyed the same land, and on the 25th day of February, A. D. 1852, a patent was issued on his survey, from…
1Opinion of the CourtLipscomb, J.
The question presented is on the validity of the patent issued after the time required by law for the return of the certificate and field notes of the survey made for Gibbons had been extended. The question cannot be regarded as open in this Court at this time, as, since the case of Hosner v. DeYoung, (1 Tex. R.) it has been the uniform doctrine of the Court, that the State did not surrender the dominion and control of the public domain, until final and complete title had been issued. It was therefore competent for the State to extend the time to the appellee Gibbons, for making a return of…
2Cited by10 opinions
- Rudder v. PonderTexas Supreme Court · 1956
- Giles v. BasoreTexas Supreme Court · 1955
- Littler v. DielmannCourt of Appeals of Texas · 1908
- Smith v. TaylorTexas Supreme Court · 1871
- Giles v. PonderCourt of Appeals of Texas · 1955
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