Fannin County v. Riddle
Texas Supreme Court
Error from Cooke. Tried below before the Hon. C. C. Binkley. March 3, 1873, John L. Riddle, for himself and as agent for other parties, brought suit in the District Court of Cooke county against the county of Fannin and G-. H. Ragsdale, surveyor of said county, to compel the survey of certain entries made by plaintiff upon lands in Cooke county.
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Error from Cooke. Tried below before the Hon. C. C. Binkley. March 3, 1873, John L. Riddle, for himself and as agent for other parties, brought suit in the District Court of Cooke county against the county of Fannin and G-. H. Ragsdale, surveyor of said county, to compel the survey of certain entries made by plaintiff upon lands in Cooke county. The petition charged, in substance, that on April 21,1872, plaintiff made out, “in the names of the holders” of certain certificates, “locations and files thereof on vacant and unappropriated public land subject to location;” (which he described, and…
1Opinion of the Court
Bonner, Associate Justice.
If it be admitted that the *366plaintiff on the trial below sustained by competent testimony the allegations upon which it was sought to avoid the validity of the surveys of the school lauds made for Fannin county, then the two material questions, which are decisive of this case, are—
1. Were said surveys forfeited if they were not returned to the clerk of the County Court, as required by section 3 of the act of January 26, 1839? (Paschal’s Dig., art. 3466.)
2. Were they forfeited if not returned to the general land office on or before the 31st of August, 1853, as required…
2Cases cited6 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Stringer v. Lessee of YoungSupreme Court of the United States · 1830
- Taylor & Quarles v. BrownSupreme Court of the United States · 1809
- Kuechler v. WrightTexas Supreme Court · 1874
- Milam County v. RobertsonTexas Supreme Court · 1870
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3Cited by14 opinions
- Texas Co. v. State & Duval County Ranch Co.Texas Supreme Court · 1955
- Milam County v. J. M. BatemanTexas Supreme Court · 1880
- Saunders v. HartTexas Supreme Court · 1882
- Talley v. Lamar CountyTexas Supreme Court · 1911
- Murphy v. LuttrellCourt of Appeals of Texas · 1909
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