Booth v. Upshur
Texas Supreme Court
Ebbob from Travis. Tried below before Robert J. Townes, Esq., special Judge. This suit was instituted by the appellant, Walter M. Booth, in the District Court of Travis county, for a mandamus to compel the defendant Upshur, District Surveyor of Travis Land District, to survey several tracts of land in Travis county, which the plaintiff alleged were vacant lands upon which he had located sundry land warrants and certificates.
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Ebbob from Travis. Tried below before Robert J. Townes, Esq., special Judge. This suit was instituted by the appellant, Walter M. Booth, in the District Court of Travis county, for a mandamus to compel the defendant Upshur, District Surveyor of Travis Land District, to survey several tracts of land in Travis county, which the plaintiff alleged were vacant lands upon which he had located sundry land warrants and certificates. Several other persons were made defendants on account of their claims to portions of the lands claimed by the plaintiff under his entries; and as to them, plaintiff…
1Opinion of the CourtRoberts, J.
The charge of the court was as follows :
“The jury must determine from the law and- the evidence whether the land in controversy was vacant and subject to location by the plaintiff, or whether the same is embraced in the-several surveys and patents under which the defendants claim.
“ In coming to this conclusion they must be governed by the following rules:
“ 1. The initial point of the Capíes survey must be presumed to be at or near the corner now known and recognized as the true southwest comer of the Del Valle survey, and not at any other supposed corner 'of said last named survey.
“ 2.…
2Cases cited4 opinions
- Bolton v. LannTexas Supreme Court · 1856
- Hubert v. Bartlett's HeirsTexas Supreme Court · 1852
- Urquhart v. BurlesonTexas Supreme Court · 1851
- Ralston v. M'ClurgCourt of Appeals of Kentucky · 1840
3Cited by49 opinions
- Ayers v. WatsonSupreme Court of the United States · 1885
- Boon v. HunterTexas Supreme Court · 1884
- Finberg v. GilbertTexas Supreme Court · 1911
- Robinson v. DossTexas Supreme Court · 1880
- Hamilton v. BlackburnCourt of Appeals of Texas · 1906
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