Breckenridge v. Neill
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. .Breckenridge filed his petition in the District Court of Bexar county for a mandamus to the district surveyor to survey for him certain lands which he alleged had been previously surveyed for Neill, who was therefore made a party defendant,, and whose claim to the land was sought to be annulled.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. .Breckenridge filed his petition in the District Court of Bexar county for a mandamus to the district surveyor to survey for him certain lands which he alleged had been previously surveyed for Neill, who was therefore made a party defendant,, and whose claim to the land was sought to be annulled. The pleadings and evidence disclosed the facts, that on the 1st of January, 1855, Neill, by his agent, Fountain, filed with the district surveyor two certificates calling for two leagues and one labor of land, designating certain vacant…
1Opinion of the CourtWheeler, C. J.
The refusal of the surveyor, Fountain, to deliver to Neill the field notes, put it out of his power to return them to the Land Office within the time prescribed by law. (O. & W. Dig., art. 1,207.) As a substitute for the originals, Neill obtained'from the district surveyor certified copies from the records of his office, which he returned to the Land Office in time, and was thus enabled to obtain his patents. (Id., 1,199.) But it is insisted that he did not comply with the statute providing for the substitution of copies for the original field notes; that the affidavit upon which he obtained…
2Cited by3 opinions
- Weiss v. ClabornCourt of Appeals of Texas · 1920
- Hill v. KerrTexas Supreme Court · 1890
- Morris v. HallTexas Commission of Appeals · 1880