Fowler v. Allred
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. William S. Todd. This was a suit by Stephen K. Fowler and John S. Chism, against William Allred, for title and possession of 320 acres of land, and against R. W. Allen, as surveyor of Denton land^district, to compel him to record the field-notes of their survey of the land.
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Appeal from Denton. Tried below before the Hon. William S. Todd. This was a suit by Stephen K. Fowler and John S. Chism, against William Allred, for title and possession of 320 acres of land, and against R. W. Allen, as surveyor of Denton land^district, to compel him to record the field-notes of their survey of the land. The plaintiffs claimed the land in controversy, under a survey of the same, made for them by the surveyor of Denton land district, on the 23d of April, 1855, by virtue of a genuine certificate, to which they showed title. But after their survey was made, the surveyor refused…
1Opinion of the CourtWheeler, C. J.
At the period of the appellee’s settlement, in 1853, and of his survey in June, 1854, the land in question was not subject to be acquired by pre-emption. It was within the limits of Peters’ colony, and had been reserved from being thus appropriated, by the Act of the 10th of February, 1852. The reservation did not expire, until the 10th of August, 1854. (Laws 4th Leg., ch. 72, § 3.) The appellee’s settlement and survey, were therefore unauthorized by law, and conferred on him no right whatever to the land. But after the reservation had expired, on the 11th of August, 1854, his settlement and…
2Cases cited2 opinions
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