Gulf, West Texas & Pacific Railway Co. v. Cornell

STAYTOH, Ohiee Justice.

— Appellant claims the land in controversy under a patent issued April 18, 1887, and appellees by a patent issued October 9, 1878; and standing upon the patents alone, the right of appellees would be superior, because the older; but appellant claims, that it had a valid survey anterior to the time any right vested in appellees.

The land is in Kinney County, which was organized as a land district long before the rights of either party accrued, and appellees located the land in the office of the surveyor of that county on May 9, 1877, had it surveyed in proper time, and…