McGimpsey, Gill v. Ramsdale
Texas Supreme Court
- Appeal from Harrison County. The suit in this case was brought by the appellee against the appellants, McGimpsey, Gill and Hill, in the district court of Harrison county, on the 23d of October, 1843. The petition alleges that the appellee placed his headright certificate for a league and labor of land in the hands of McGimpsey, as county surveyor, on the 25th of October, 1841, and pointed out 700 acres of land or more, which was then vacant, and required the said McGimpsey…
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- Appeal from Harrison County. The suit in this case was brought by the appellee against the appellants, McGimpsey, Gill and Hill, in the district court of Harrison county, on the 23d of October, 1843. The petition alleges that the appellee placed his headright certificate for a league and labor of land in the hands of McGimpsey, as county surveyor, on the 25th of October, 1841, and pointed out 700 acres of land or more, which was then vacant, and required the said McGimpsey to survey the same under said certificate,, which he promised to do; that said McGimpsey, afterwards combining and…
1Opinion of the CourtJustice Lipscomb
Mr. Justice Wiieelee not sitting.
In this case, it is very apparent from the record that the *348location of McGimpsey’s headlight for three hundred and twenty acres of land had the preference over Ramsdale’s, and ought, from the evidence, to have been so found by the jury as there was no evidence adverse to this claim of preference.
If it had been improperly snrveyed, this should have been corrected without the loss of his preference. The paper testimony shows that Page’s headright of one-third of a league-had also a preference, from priority of location; but this location was charged with fraud,…
2Cited by3 opinions
- Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
- Jones v. LeeTexas Supreme Court · 1893
- Johns v. PaceTexas Supreme Court · 1862