Buford v. Gray
Texas Supreme Court
Appeal from Cooke. Tried below before the Hon. J. A. Carroll. A survey was made October 1, 1849, for John Schweitzer, and afterwards abandoned. Its location is shown upon the accompanying plat bv the lines indicated by the letters abed. On December 6, 1859, the fielcl-notes of the Rodriguez survey, which had formerly been made, were corrected by the surveyor without going on the ground.
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Appeal from Cooke. Tried below before the Hon. J. A. Carroll. A survey was made October 1, 1849, for John Schweitzer, and afterwards abandoned. Its location is shown upon the accompanying plat bv the lines indicated by the letters abed. On December 6, 1859, the fielcl-notes of the Rodriguez survey, which had formerly been made, were corrected by the surveyor without going on the ground. The Rodriguez survey called to begin at 'its southeast corner; “thence west and around to its upper northeast corner on the Red River [which is found]; thence down Red River, crossing Mountain Creek, to…
1Opinion of the Court
Bonner, Associate Justice.
This case involves, first, the right of the plaintiff to maintain the suit upon his cause of action; second, the true location of the east boundary line of the Antonio Bodriguez survey.
The first question arises upon the first alleged error assigned, as follows:
“The court erred in overruling defendant’s objections to plaintiff’s affidavit, preemption file, and the field-notes of his survey of preemption, offered in evidence in support of his action against defendant, on the grounds and as set forth in defendant’s bill of exceptions.”
These grounds of objection were,…
2Cases cited2 opinions
- Welder v. HuntTexas Supreme Court · 1871
- Spier v. LamanTexas Supreme Court · 1863
3Cited by6 opinions
- Camp v. Gulf Production Co.Texas Supreme Court · 1933
- Woods v. RobinsonTexas Supreme Court · 1883
- Baker v. HeneyCourt of Appeals of Texas · 1914
- John Hancock Mut. Life Ins. Co. v. FariesCourt of Appeals of Texas · 1938
- Horne v. GambrellTexas Commission of Appeals · 1881
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