Ward v. Conner
Texas Supreme Court
■ Appeal from San Saba. Tried below before lb3.Hon. E. H. Yod tress. This ease was adjudicated in the court below at the Fall term, 1860. As it elicits a decision by this court of an important question in the law respecting appropriations of the public lands, and one not previously and expressly determined, it is deemed well to present a full report of it. The action was trespass to try title, and Conner, the appellee, was the plaintiff below.
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■ Appeal from San Saba. Tried below before lb3.Hon. E. H. Yod tress. This ease was adjudicated in the court below at the Fall term, 1860. As it elicits a decision by this court of an important question in the law respecting appropriations of the public lands, and one not previously and expressly determined, it is deemed well to present a full report of it. The action was trespass to try title, and Conner, the appellee, was the plaintiff below. The following statement of the case is taken from the brief of the appellant’s counsel, but is not the less correct on that account. The plaintiff in…
1Opinion of the CourtMorrill, C. J.
We are called upon to give á judicial construction to the act of thirtieth of August, 1856, entitled “An act prescribing the manner of entering land certificates or scrip, and to prohibit the lifting and floating the same.” (Articles 4573, 4574 and 4575, of Paschal’s Digest.)
More especially, the point arising in this case is whether the passage of this act, either expressly or by necessary implication, requires whosoever wishes to appropriate land by having the same 1 surveyed and patented, “ to file in the register of entries of the district surveyor a certificate or land warrant, together…
2Cited by4 opinions
- Houston & Texas Central R. R. v. McGeheeTexas Supreme Court · 1878
- McKinney v. GrassmeyerTexas Supreme Court · 1879
- Webb v. GoldsmithCourt of Appeals of Texas · 1920
- Alford v. McDonaldTexas Commission of Appeals · 1880