Legal Opinion

State v. Dayton Lumber Co.

Court of Appeals of Texas

Decided October 30, 1912Published

Error to District Court, Travis County; Geo. Calhoun, Judge. Action by the State and others against the Dayton Lumber Company and others. Judgment for defendants, and plaintiffs bring error.

1Opinion of the Court

Findings of Fact.

JENKINS, J.

This suit was brought upon the theory that the land covered by the Shattue surveys at the date of the location of said surveys (August, 1904) had not been appropriated by prior surveys, and therefore belonged to the school fund. There is no controversy as fco the location of the lines and corners of said Shattue surveys. Said surveys call to be bounded on the east by the Jose Martinez surveys Nos. 6 and 9, and on the west by the I & G. N. surveys Nos. 38 and 39. There is no controversy as to the location of the lines and corners of said I. & G. N. surveys, they…

2Cases cited5 opinions

  1. Gerald v. FreemanTexas Supreme Court · 1887
  2. Phillips v. AyresTexas Supreme Court · 1876
  3. Jones v. BurgettTexas Supreme Court · 1876
  4. Goodson v. FitzgeraldCourt of Appeals of Texas · 1905
  5. Bacon and Graves v. StateCourt of Appeals of Texas · 1892

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