Johns v. Pace
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. W. Terrell. . This suit was instituted by the appellees on the 26th of August, 1854, to compel the district surveyor of Travis land district to Survey for them a. tract of land which they claimed by virtue of a file made by them upon it. The appellant, Johns, was made a party defendant, and claimed the land in controversy by virtue of certificates filed by him.
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Appeal from Travis. Tried below before the Hon. A. W. Terrell. . This suit was instituted by the appellees on the 26th of August, 1854, to compel the district surveyor of Travis land district to Survey for them a. tract of land which they claimed by virtue of a file made by them upon it. The appellant, Johns, was made a party defendant, and claimed the land in controversy by virtue of certificates filed by him. The facts in this case are identical with those of the case of Upshur v. Pace, 15th Texas R., 531, except that by an amended answer the defendant, Johns, alleged that at the time of…
1Opinion of the CourtBell, J.
When this shit was instituted, the questions arising upon the pleadings were precisely the same as those adjudicated by this court in the case of Upshur v. Pace, 15 Tex. R., 531. By the opinion 'and judgment of this court in the case of Upshur v. Pace, it was determined that the land located by virtue of the certificate of Mary Ann Clark reverted to the public domain, because of the failure to return the field notes of that survey to the Land Office by the 31st day of August, 1853, according to the requirements of the act of the 10th of February, 1852. It was also determined (in the case…
2Cases cited2 opinions
- Hollingsworth v. HolshousenTexas Supreme Court · 1856
- McGimpsey, Gill v. RamsdaleTexas Supreme Court · 1848
3Cited by8 opinions
- Jones v. LeeTexas Supreme Court · 1893
- Giles v. PonderCourt of Appeals of Texas · 1955
- McKinney v. GrassmeyerTexas Supreme Court · 1879
- State v. AlfordCourt of Appeals of Texas · 1943
- Jones v. LeeTexas Supreme Court · 1893
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