Boon v. Hunter
Texas Supreme Court
Hunter instituted this suit against W. A. Benson, surveyor of Jack county, to compel him to approve and record the corrected field notes of a survey which had been made, and the original field notes approved, recorded and forwarded to the general land office, and against appellant Boon, who claimed that he owned patented lands which conflicted with Hunter’s survey as corrected, and who had filed a protest with Benson setting forth his claim and protesting against Benson’s…
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Hunter instituted this suit against W. A. Benson, surveyor of Jack county, to compel him to approve and record the corrected field notes of a survey which had been made, and the original field notes approved, recorded and forwarded to the general land office, and against appellant Boon, who claimed that he owned patented lands which conflicted with Hunter’s survey as corrected, and who had filed a protest with Benson setting forth his claim and protesting against Benson’s approving and recording the field notes of the corrected survey. The case was discontinued as to Benson. The case as…
1Opinion of the Court
Stayton, Associate Justice.
The petition, as amended, contained all the material averments necessary in an action of trespass to try title, and the court did not err in overruling the general demurrer.
The special demurrer, which questioned the sufficiency of the averments which alleged that the Hughson survey and patent were void, for the reason, that no actual survey of the land for which the patent issued was ever made, was also correctly overruled; for before the exception was acted on, the averments of nullity of survey and patent by reason of there being no actual survey were withdrawn,…
2Cases cited8 opinions
- Stafford v. KingTexas Supreme Court · 1867
- People v. WellsCalifornia Supreme Court · 1938
- Booth v. UpshurTexas Supreme Court · 1861
- Shipp v. Miller's HeirsSupreme Court of the United States · 1817
- Booth v. StripplemanTexas Supreme Court · 1862
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3Cited by56 opinions
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