23 Tex. 475 | Tex. | 1859
We are of opinion, that there is no error in the judgment of the court below. The evidence shows most satisfactorily, that the land in controversy was surveyed for the appellee, Elizabeth Hemby, then Elizabeth Robertson, upon a genuine certificate, in the year 1845, The fact, that the survey commenced in Red River land district, and crossed the line between that district and Lamar land district, running into the last named district for quantity, did not invalidate the survey. (Hart. Dig., Art. 1806, 2168.) The Act of May 9th, 1846, authorized and required the commissioner of the land office to issue patents in all cases, upon surveys of land lying in two or more counties, where there was no conflict between such surveys and others,.and where there was no other objection than that of a division of such surveys, by a county boundary running through them. (Hart. Dig., Art. 2168.)
In such cases, it was the duty of the interested party, to have the field notes of his survey recorded in both land districts, so as to give notice that the land was appropriated, and so as to inform the commissioner of the land office that the survey did
Judgment affirmed.