McKinney v. Grassmeyer
Texas Supreme Court
Appeal from Clay. Tried below before the lion. J. M. Lindsey. This suit was brought by Carroll McKinney to annul a location made on land by J. W. Grassmeyer.
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Appeal from Clay. Tried below before the lion. J. M. Lindsey. This suit was brought by Carroll McKinney to annul a location made on land by J. W. Grassmeyer. The case was submitted below on the following agreed facts: 1. That defendant made a valid file on the land mentioned in the petiton, by virtue of a valid land certificate, on the 24th of November, 1871. 2. That defendant did not have said land surveyed, or return the field-notes to the general land office within twelve months from the date of said file, to wit, November 24,1871. 3. That after the expiration of said twelve months from…
1Opinion of the Court
Gould, Associate Justice.
By the file or location of Grassmeyer, the land ivas severed from the public domain *382for twelve months from that date, and during that period was appropriated by him so as not to be subject to another location. In Wyllie v. Wynne, 26 Tex., 45, it is said : “ It was the practice of the country to a considerable extent, and one which was recognized by the courts, to hold lands by files merely, without actual survey. And we believe that this practice was in conformity with law.” After the enactment of the statute requiring a survey within twelve months from the date of…
2Cases cited8 opinions
- Booth v. UpshurTexas Supreme Court · 1861
- Johnson v. EldridgeTexas Supreme Court · 1878
- Houston & Texas Central R. R. v. McGeheeTexas Supreme Court · 1878
- Johns v. PaceTexas Supreme Court · 1862
- Wyllie v. WynneTexas Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gracey v. HendrixTexas Supreme Court · 1899
- Shepard v. AveryTexas Supreme Court · 1896
- Vance v. LindseyTexas Supreme Court · 1883
- Cassin v. O'SullivanTexas Supreme Court · 1884
- Taylor v. CriswellCourt of Appeals of Texas · 1893
2 more not listed; retrieve them via the Exa API.