Booker v. Hart
Texas Supreme Court
Appeal from Archer. Tried below before Hon. P. M. Stine. Appellant P. A. Booker, plaintiff below, brought this suit against J. P. Hart, appellee, by mandamus to compel Hart, who was the county ■surveyor, to make surveys of land claimed by Booker to be vacant, upon which he had filed certificates. Parties claiming the land where the vacancy was alleged to be were made parties defendant.
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Appeal from Archer. Tried below before Hon. P. M. Stine. Appellant P. A. Booker, plaintiff below, brought this suit against J. P. Hart, appellee, by mandamus to compel Hart, who was the county ■surveyor, to make surveys of land claimed by Booker to be vacant, upon which he had filed certificates. Parties claiming the land where the vacancy was alleged to be were made parties defendant. Plaintiff contends that there is a vacancy between the Jose Ostane and the John Richards on the west, and the Rachel Story, the William Henry •and the Southern Pacific Railway surveys on the east. Defendants…
1Opinion of the Court
COLLARD, Judge.
—Appellant Booker, the plaintiff below, claims that the vacancy he is contending for is obtained by the excess of land found between the west lines of the Rachel Story, the William Henry, and the Southern Pacific Railway surveys and the east lines of the Jose Ostane and the J. Richards surveys, the vacancy being, as he says, 1590 varas wide.
Defendants claim that these surveys join, and that there is no vacancy between.
Locating the division line where defendants claim it to be, plaintiff says-that the excess on the east side of the Ostane and Richards would be 952 varas wide,…
2Cases cited4 opinions
- Booth v. UpshurTexas Supreme Court · 1861
- Lilly v. BlumTexas Supreme Court · 1887
- Fagan v. StonerTexas Supreme Court · 1887
- Reeves v. RobertsTexas Supreme Court · 1884
3Cited by17 opinions
- Standefer v. VaughanCourt of Appeals of Texas · 1920
- Taft v. WardCourt of Appeals of Texas · 1909
- McCormack v. CrawfordCourt of Appeals of Texas · 1915
- Hermann v. ThomasCourt of Appeals of Texas · 1914
- Rand v. CartwrightTexas Supreme Court · 1891
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