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106 Tex. 468

State v. Post

Texas Supreme Court

Decided June 26, 1914

Texas Supreme Court · decided 1914-06-26

<p>1. —State Surveyor—School Land—Resurvey-—Boundaries.</p> <p>A resurvey of school land by the State Surveyor under direction of the Commissioner of the General Land Office, by authority of the Act of April 2, 1887, Laws, 20th Leg., p. 107 (Rev. Stats., 1911, arts. 5347-5349), is not bind-0 ing on the State. The question of the existence of a vacancy between it and lands theretofore granted to a private owner is not to be determined by the boundaries as so resurveyed, but by the field notes of the original surveys, which the surveyor had no authority to change so as to embrace lands not included therein. (Pp. 470, 471..)</p> <p>ON MOTION FOB BEHEABIN6.</p> <p>2. —Certified Question.</p> <p>The Supreme Court, in answering a certified question, will confine its ruling to the question so certified. (P. 471.)</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1914-06-26

How this case has been cited

Cited by 11 later decisions — most recently August 1976

11 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶102V M0TI02V EOE EEHEABIIVO.

Me. Justice PHILLIPS

¶2delivered the opinion of the court.

¶3That part of the opinion in which it is said that the Honorable Court of Civil Appeals properly entered judgment in favor of the State for the land, and elsewhere expressing approval of its judgment, is withdrawn. The question certified did not involve any holding by us in respect to the correctness of the action of the Court of Civil Appeals in rendering the judgment, and I am authorized by the Chief Justice to say that these expressions in his opinion were inadvertently made. Wc adhere to the answer made to the certified question, that the resurvey made by Twitchell was not binding upon the State, and the surveys owned by the appellee should be run and the corners located in accordance with their original field notes.

¶4The motion for rehearing is overruled, but the opinion of the court is corrected in the particular stated.

¶5Delivered June 26, 1914.

¶6Associate Justice Hawkins, being disqualified, did not participate in the decision of this motion.

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