Castleman v. Pouton
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Everett Lewis. This was an action of trespass, brought by T. J. Pouton, to try title for the land described in the petition. The defendants pleaded not guilty. The cause was submitted to the court without a jury, and a judgment was rendered for the plaintiff for the land claimed, and defendants appealed.
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Appeal from Gonzales. Tried below before the Hon. Everett Lewis. This was an action of trespass, brought by T. J. Pouton, to try title for the land described in the petition. The defendants pleaded not guilty. The cause was submitted to the court without a jury, and a judgment was rendered for the plaintiff for the land claimed, and defendants appealed. Plaintiff' claimed title under a patent from the government to John B. Chenault, assignee of Alexander Williams, dated June 20,1873, and by transfers under Chenault, and to himself. The land described in the patent is bounded on the west by…
1Opinion of the Court
Gould, Associate Justice.
There was evidence of corners and a partly-marked line corresponding with the calls in the Ryan patent, other than the calls for the Hope survey. From this evidence, as well as from the great discrepancy between the distance called for and the distance required to reach the *88Hope survey, the court below, passing (instead of a jury) on the facts, appears to have concluded that the surveyor, in making the Kyan survey, mistook this partly-marked line for the eastern line of the Hope survey. The question was not purely one of law, to be decided according to the precedence…
2Cases cited4 opinions
- Booth v. UpshurTexas Supreme Court · 1861
- Booth v. StripplemanTexas Supreme Court · 1862
- Jones v. BurgettTexas Supreme Court · 1876
- Browning's Administratrix v. AtkinsonTexas Supreme Court · 1873
3Cited by9 opinions
- Busk v. ManghumCourt of Appeals of Texas · 1896
- Miller v. Southland Life Ins. Co.Court of Appeals of Texas · 1934
- McAninch v. FreemanTexas Supreme Court · 1887
- Koepsel v. AllenTexas Supreme Court · 1887
- Webb v. BrownTexas Commission of Appeals · 1880
4 more not listed; retrieve them via the Exa API.