Austin v. Dungan
Texas Supreme Court
Appeal from Eains. Tried below before the Hon. Z. Horton. May 8, 1846, Graham located a conditional certificate for six hundred and forty acres of land in part on the two hundred and seventy-three acres in controversy in this suit. September 28, 1853, W. B. Miller, the deceased husband and father of the plaintifis, laid' a Mercer’s colony certificate on the same two hundred and seventy-three acres.
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Appeal from Eains. Tried below before the Hon. Z. Horton. May 8, 1846, Graham located a conditional certificate for six hundred and forty acres of land in part on the two hundred and seventy-three acres in controversy in this suit. September 28, 1853, W. B. Miller, the deceased husband and father of the plaintifis, laid' a Mercer’s colony certificate on the same two hundred and seventy-three acres. He made a location of four hunched and fifty-eight acres, two hundred and seventy-three of which conflicted with the Graham survey. April 7,1856, Miller made a resurvey of one hundred and…
1Opinion of the Court
Moore, Associate Justice.
This suit was brought by appellees, to quiet their possession, and to remove a cloud cast by appellant upon their title to two hundred and seventy-•three acres of land, by causing the same to be located and surveyed on the 7th of February, 1873, as vacant and unappropriated public domain, by virtue of a certificate for three hundred acres of land, issued by the Commissioner of the 'General Land Office to said Austin, as assignee of Isaac P. Langston, and the return of the field-notes of said survey, as 'corrected October 17,1873, to the General Land Office, with •the…
2Cases cited1 opinion
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- Miller v. YatesTexas Supreme Court · 1933
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- Pope v. DavenportTexas Supreme Court · 1879
- Miller v. YatesCourt of Appeals of Texas · 1929
- Collyns v. CainCourt of Appeals of Texas · 1894
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