Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3. Page: 71
vi, 659 [660] ; 22 cm.View a full description of this book.
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LINN VS. SCOTT. 71
vey of a league of land on the west bank of Lavaca river,
known as the Baranco Colorado, or Quartel league; the said
survey was made by James Kerr for Sylvester DeLeon, in compliance
with an order of the commissioner, Fernando DeLeon.
From the testimony presented to us, it appears Sylvester DeLeon
relinquished the above mentioned survey and obtained
another, situated on the Guadaloupe river, and that the said
John J. Linn then procured from the commissioner, the acting
empresario, and also the principal surveyor of the colony,
Jose M. J. Carabahal, an order directed to James Kerr, the
deputy surveyor, to make out the plot and field notes of the
said survey on the Lavaca for him, the said John J. Linn, as
his headright. Given under our hands, this 19th day of February,
1838. " JOHN MCHENRY,
"ARTHUR BURNS,
Associate Commissioners."
"OSCAR FARISH.
And 6th. A copy of the field notes of a survey purporting
to have been made for John J. Linn, on the southwest bank of
the Lavaca river, signed James Kerr, dated 3d January, 1838,
and certified as follows: "I certify that the within survey is
true, correct. Houston, March 7, 1838. (Signed) Edward Linn,
Surveyor for Victoria County;" and a receipt in the following
words: "Received of Mr. John J. Linn the sum of forty dollars
and eighty cents, being the amount due on this league of
land. Victoria. February 19, 1838. (Signed) Edwaid Linn,
President."
From the statement of facts, it appears that all the foregoing
copies of documents sent by the commissioner as part of his
answers to the interrogatories were rejected by the court as
evidence, except numbers five and six, being the certificate
issued to Linn in 1838, and the field notes of the survey made
in 1833, and the indorsements thereon. These last were read
in evidence by the defendant. The defendant then proved by
James Kerr that he was the deputy surveyor of DeLeon's colony;
that the land in controversy was surveyed for Sylvester
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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/m1/77/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .