26 Tex. 298 | Tex. | 1862
When the plaintiff’s location was made, the land in question was not subject to location; and the plaintiff consequently acquired no right thereto until the issuance of his patent, after the reservation of the land from general location and appropriation had expired, in 1856. The defendant was well entitled to appropriate the land by his certificate and survey in 1852, notwithstanding the plaintiff’s prior location. But the defendant’s field notes were rejected by the District Surveyor on account of the conflict with the plaintiff’s survey. The rejection
The copy of the field notes from the General Land Office appears to have been improperly admitted in evidence, because the original, not having been approved or recorded by the principal surveyor, was not properly returned to, and did not become a record of, that office. The judgment is reversed and the cause remanded.
Reversed and remanded.