Weatherly v. Jackson’s Empirical Analysis

Citation profile

62 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to the official maps in the General Land Office, they represent nothing more than the draftsman’s and the Commissioner’s opinions and conclusions from the records and other available information as to the location of the various surveys with reference' the one to the other. As additional information about the facts on the ground is obtained, as, for example, from new field notes or reports of surveyors or judgments, the maps are corrected and changed, and from time to time it becomes necessary to compile new maps. It is held in Holmes v. Yates [ 122 Tex. 428 ], 61 S.W. 2d 771 , that the Commissioner has the authority to correct mistakes in the records of the General Land Office on proper showings. So the conclusion or opinion of the Commissioner that the Roemer and Miller surveys adjoined as expressed by the maps of 1882 and 1919 was superseded by the Commissioner’s later opinion and conclusion expressed by his action in ápproving the field notes of plaintiff in error’s survey and awarding the land to him. Such maps, previously made from the information available when they were made, although they may under proper circumstances be admissible, cannot constitute evidence to rebut the presumption arising from the later action of the Commissioner in approving the survey and making the award. “The conclusion last stated is supported by Finberg v. Gilbert, 104 Tex. 539 , 141 S.W. 82, 87 . There it was held that a judgment in favor of the defendant in error, upon whom rested the”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Horton

2. ““While the presumption arising from the approval of the survey and the award and' the absence of evidence to rebut the presumption would warrant the rendition of judgment here in favor of plaintiff in error for the title and possession of the land, the case will be remanded for trial in order to give the parties the opportunity to develop it fully, particularly to-offer evidence as to the facts on the ground.””

   1 later decision quote this exact passage · from the majority
   e.g. Weatherly v. Jackson

3. “of land owned by it even though the map may be made in the state's General Land Office. '”

   1 later decision quote this exact passage · from the majority
   e.g. Strong v. Sunray DX Oil Company