Lilly v. Blum
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. F. E. Piner. Action of trespass to try title instituted by Leon & H. Blum against John T. Lilly et al., for the recovery of two hundred and seventy acres of land, described by metes and bounds. It was admitted that plaintiffs (defendants in error) were the owners of the land included within the Pinchback survey.
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Appeal from Wise. Tried below before the Hon. F. E. Piner. Action of trespass to try title instituted by Leon & H. Blum against John T. Lilly et al., for the recovery of two hundred and seventy acres of land, described by metes and bounds. It was admitted that plaintiffs (defendants in error) were the owners of the land included within the Pinchback survey. The point of litigation being as to whether said land was included within said Pinchback survey according to its calls in the patent. That patent called to begin at the southeast corner of the J. R. Davis survey on the north line of…
1Opinion of the Court
Acker, Judge.
The only question involved in this case is whether the land sued for by defendants in error is a part of the James Pinchback survey, which, it is admitted, is owned by them.
The Pinchback is an office survey, made by virtue of a one-third league certificate, and its boundaries are fixed in the field notes by lines of surrounding surveys.
At the time the certificate was located, and at the time of the trial, the official maps of Wise county in use at the general land office and at the county surveyor’s office showed the relative positions of the surrounding surveys to be as called…
2Cases cited2 opinions
- Stafford v. KingTexas Supreme Court · 1867
- Boon v. HunterTexas Supreme Court · 1884
3Cited by27 opinions
- Camp v. Gulf Production Co.Texas Supreme Court · 1933
- Finberg v. GilbertTexas Supreme Court · 1911
- Wilson v. GiraudTexas Supreme Court · 1921
- Porter v. StateCourt of Appeals of Texas · 1929
- Hamilton v. BlackburnCourt of Appeals of Texas · 1906
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