Horton v. Pace
Texas Supreme Court
Appeal from Travis. After the decision of tho case of Horton v. Brown, (2' Te\-. R.. 78,) awarding a mandamus to issue to the Commissioner of tho G-eueral Band Office to issue to said I-Iorfou a patent for tho league of laud in controversy in that suit, Horton applied to the district surveyor Pace to have the lamí surveyed; and the surveyor having refused to survey the land, Horton obtained a rule against flic surveyor to show cause why a peremptory man~ damns should not he…
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Appeal from Travis. After the decision of tho case of Horton v. Brown, (2' Te\-. R.. 78,) awarding a mandamus to issue to the Commissioner of tho G-eueral Band Office to issue to said I-Iorfou a patent for tho league of laud in controversy in that suit, Horton applied to the district surveyor Pace to have the lamí surveyed; and the surveyor having refused to survey the land, Horton obtained a rule against flic surveyor to show cause why a peremptory man~ damns should not he issued to compel a survey of the land. To this the surveyor returned that lie had previously surveyed the land for one…
1Opinion of the Court
Lewis, S. J.
Wo áre satisfied that the location or entry of the plain*42tiff in 1838 was sufficiently certain to designate wliat land was intended to he appropriated.
At the time of theloeation Hiere was no law that we are aware of that required the surveyor to keep a hook in which to enter applications for land.
The instructions of the Commissioner of the General Land Office to the surveyor of Bastrop county bear date the 20th of February, 1838, which was after tiie plaintiff’s entry and after the surveyor liad certified that the field notes ivere correct. Whatever obligation the instructions may…
2Cited by15 opinions
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- Giles v. BasoreTexas Supreme Court · 1955
- Bunnell v. SuggCourt of Appeals of Texas · 1911
- Houston & Great Northern Railroad v. KuechlerTexas Supreme Court · 1872
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