Buford v. Bostick
Texas Supreme Court
Appeal from Delta. Tried below before the Hon. Green J. Clark. June 1, 1874, T. B. Buford, M. L. Patten, and W. B. Buford brought an action of trespass to try title in the ordinary form against P. Bostick and others, for a tract of three hundred and twenty acres of land located and surveyed in name of Mary Hamilton, with field-notes and survey returned to the general land ofiice. The defendants pleaded not guilty and limitation of three years.
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Appeal from Delta. Tried below before the Hon. Green J. Clark. June 1, 1874, T. B. Buford, M. L. Patten, and W. B. Buford brought an action of trespass to try title in the ordinary form against P. Bostick and others, for a tract of three hundred and twenty acres of land located and surveyed in name of Mary Hamilton, with field-notes and survey returned to the general land ofiice. The defendants pleaded not guilty and limitation of three years. On the trial, and after plaintiffs had proved title to the certificate and the survey and return of the field-notes to the laud office, they offered in…
1Opinion of the Court
Moore, Chief Justice.
Conceding that the time of filing appellants’ certificate and field-notes in the general land office, and that they had not been subsequently withdrawn therefrom, are not facts which may be certified by the commissioner, (Paschal’s Dig., art. 3806,) we think there was certainly no such manifestation of “ weakness or want of skill” on the part of counsel for appellants in relying on the certificate of the commissioner to establish this point in their case, as should have precluded them from a continuance on the ground of surprise on the ruling of the court excluding the…
2Cited by9 opinions
- Buford v. BostickTexas Supreme Court · 1882
- Kennedy v. Emerald Coal & Coke Co.Supreme Court of Delaware · 1944
- Dotson v. MossTexas Supreme Court · 1882
- State v. Franco-American Securities, Ltd.Court of Appeals of Texas · 1943
- Chinn v. TaylorTexas Supreme Court · 1885
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