Telfener v. Russ

It is firmly established that the State of Texas cannot, in opposition to its wishes, be compelled to accept an office survey constructed by merely copying and adopting the field-notes of a previous survey made on the ground for other parties by other surveyors, and that such office surveys are not sufficient to enable a purchaser to enforce an executory contract for the sale of public lands under the act of J uly 14,. 1879, as amended March 11, 1881. Bacon v. Texas, 2 Tex. Civ. App. 692, and cases cited.

We adhere to the ruling that error was committed by the Circuit Court in the manner in…