Urquhart v. Burleson
Texas Supreme Court
Appeal from Cass. This was an action of trespass to try title brought by the appellee. The petition stated “that ever since the .year 1842 the plaint iff has been the legal and rightful owner of a league of land which is described as commencing- at a certain point three hundred varas northwest of the old Choctaw village; runs south live, thousand varas to a stake ; thence east five thousand varas to'another stake; thence north five thousand varas to another slake; thence…
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Appeal from Cass. This was an action of trespass to try title brought by the appellee. The petition stated “that ever since the .year 1842 the plaint iff has been the legal and rightful owner of a league of land which is described as commencing- at a certain point three hundred varas northwest of the old Choctaw village; runs south live, thousand varas to a stake ; thence east five thousand varas to'another stake; thence north five thousand varas to another slake; thence west five thousand varas to the beginning.” The petitioner further alleged “that plaintiff has a patent from the Government…
1Opinion of the CourtLipscomb, J.
TVe propose briefly to discuss, first, the rights of the patentee, derived from a construction of tiie patent itself; and, secondly, under the patent, in connection with the evidence in its support.
TVhat is the legal construct ion of tiie patent? It is an acknowledged rule in construing a grant that all of its parts must be taken together and supported, if it eail be done. If this cannot be done, tiie principal object supposed to have been in the mind of the party, and sought by him to be secured by obtaining the patent, must prevail over, all subordinate or secondary ones. It cannot bo…
2Cited by13 opinions
- Stafford v. KingTexas Supreme Court · 1867
- Benskin v. BarksdaleTexas Commission of Appeals · 1923
- Boon v. HunterTexas Supreme Court · 1884
- Booth v. UpshurTexas Supreme Court · 1861
- Finberg v. GilbertTexas Supreme Court · 1911
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