Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3. Page: 61
vi, 659 [660] ; 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
PUNDERSON VS. LOVE. 61
Opinion of the court delivered by Mr. Justice WHEELER:
This suit was instituted by the appsllant to try the title and
recover of the appellee the possession of a tract of land.
The defendant first filed a general denial, and subsequently
an " amended answer," in which he alleges that he entered,
and is now settled upon a certain tract of land, in good faith,
believing the same to be vacant, and has made valuable improvernents
thereon; that'his entry was made in 1842, agreeably
to law, but was not surveyed until 1848 in consequence of
a vacancy in the office of' county surveyor--c3ncluded by
niaking an exhibit of h;s field notes, and claiming the benefit
of all laws enacted for the benefit of settlers in good faith.
The trial involved a controversy as to boundaries.
It appears from a bill of exceptions taken by the plaintiff,
that the defendant offered in evidence a certificate marked X
(not embraced in the transcript or sent up 'with the record),
and also three several surveys made by the county surveyor,
and proved by him and one of the chain carriers, which surveys
are made a part of the bill of exceptions and marked E,
G and H; to the introduction of which the plaintiff objected,
but the court overruled the objection.
There was a verdict, a motion for a new trial overruled, and
judgment for the defendant; from which the plaintiff appealed.
By order of the court the original papers, used on the trial
of the cause, were sent up with the transcript of the record.
There is in the record no statement of facts, and hence, so
much of the argument as proceeds upon the supposition that
we have the evidence before us, and can revise the finding
upon the merits, it will not be necessary particularly to notice.
Nothing can be more clear than that, without a statement of
cell the evidence, we cannot undertake to investigate the merits
and determine to whom the land in controversy belongs.
The only question which is presented for revision by the record
is, as to the propriety of the ruling of the court; presented
by the bill of exceptions. In this ruling we can perceive no
error. The various surveys, admitted in evidence, appear to
have been made by the proper officer, and to have been duly
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28571/m1/67/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .