Kimmell v. Wheeler
Texas Supreme Court
Appeal from Ellis. Tried below before tbe Hon. Ed. H. Yontress. Suit by appellant, as administratrix of Philip Kimmell, deceased, against John Q. Wheeler, and Thomas J. Oliver, district surveyor of Robertson Land District; to try title, as against said Wheeler; and for a mandamus against said Oliver, to compel him to survey two hundred and fifty acres of land, situate in said county of Ellis, in said Robertson Land. District, within the limits of Peters’ colony.
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Appeal from Ellis. Tried below before tbe Hon. Ed. H. Yontress. Suit by appellant, as administratrix of Philip Kimmell, deceased, against John Q. Wheeler, and Thomas J. Oliver, district surveyor of Robertson Land District; to try title, as against said Wheeler; and for a mandamus against said Oliver, to compel him to survey two hundred and fifty acres of land, situate in said county of Ellis, in said Robertson Land. District, within the limits of Peters’ colony. The plaintiff based her title upon a location, made on the 28th day of May, 1856, by her intestate, in the office of the district…
1Opinion of the Court
Wheeler, Ch. J.
The only question which it is material to consider, is, whether the plaintiff’s intestate was entitled to ap*84propriate the land in controversy, by his certificate, in May, 1856, when he made his application to the surveyor. And we are clearly of opinion that he was not.
The land had been reserved from location by the Act of the 21st of December, 1853, “to provide for the construction of the Mississippi and Pacific Railroad.” The 14th section of the act provides “ that all the vacant and unappropriated public lands belonging to the State of Texas,” within certain defined limits,…
2Cases cited2 opinions
- State v. DelesdenierTexas Supreme Court · 1851
- Hoofnagle v. AndersonSupreme Court of the United States · 1822
3Cited by13 opinions
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- Wright v. HawkinsTexas Supreme Court · 1866
- Todd v. Fisher & MillerTexas Supreme Court · 1862
- Winsor v. O'ConnorTexas Supreme Court · 1888
- Houston Oil Co. of Texas v. William M. Rice InstituteCourt of Appeals of Texas · 1917
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