Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-07-09

Supreme Judicial District recently
banded down boo Austin. s repro.
durnd for tho Information OF rho
readers ~ The Ners. for che reason
that b. bears directly upon certain
phases Of land litigation In tbls sor.
zion
$50 0s Tho state of Texas Az
pcIIaut Nh q W Post Appellee
Appeal from ibo District Court OF
Travis County
Opinion
The foIloalag finding ol Tact and
.lnrlu.lo. OF lap filed hy the trial
court herein prernr f. fair state.
nonf ui ihc nature aud result of This
1000. aud tho facts proven
ThH aas uIi originally lusil
ripI hy the pa.nuu g. 49, Post
against q Robson. a. Land Com
missioner. of 'hr State 0f Texas and
D g. keturr lud p D. duncan. and
after th. Institution OF said cause
ur State of 1ra. under leave Of
fUr court interviewed loo this case and
asked for hr recovery OF certain
land. from lho plaintiff. claimed 10.
boz vacant lands aud held by the
% .uuW 90. soi ont boo The states plea
of intervention filed herein and for
Tho rental value of said land And
upon the trial of said cause plaintiff
100 upuu court dismissed hia cause of
action u io ibo defendants ! 7
Robson g. Kotucr and y y Dun
600 aud the said defendants kotncr
aud duncan. In open court dsmi
their cross action He'd herein
a.anal thp pmiuiiff leaving the only
.ur ip Doe tried hE %, court upon
rh, plea of Interrogation of the Stale
OF Tr.aa a.alu.l inc plaintiff q W
I0.i
pom tho trh of said issue
rendered Judgment iu favor of the
phutn upon 'ho state OF Texas
Cross action
Th" state of Tosas through its 1i
oruri general has requested that J.
prepare and dlc the finding of tact
and conclusion. of IaV ON which the
Judgment was prodicatod accord
mely hereby state said findings of
TACT aud conclusions of law ass fol
lows
Finding oi Ind
That fho original field notes or
Aho .ufyofcd offered iu evidence uu|
mi. case do cover part. but DO not
cover all the lands sought 90 bc rc-
covered hy tho state under their plea
ot Intervention IN this case
That tho corrected field notes of
tho ro.mrscy made by vs. d Twich-
900 under the direction Of the com
mi sioucr OF me general land office.
u1drr and by virtue OF the act OF
1850. fully cover an the lands sought
to no recovered b, the state IN this
cause Iu tho plea Of Intervention
That the said IS u Tvichcll
prior 90 the survey of the land lu con
t.utors, BOO this cause hy him. was
dul, and legally appointed hy the
thru land commissioner Of the scucr
900 land office as a state surveyor for
the purpose Of ascortaiuine the con-
Uet and errors lu. and making prop.
or corrections oi. Surveys of land /
made for tbr commission common /
.chool university or ASYLUM funds or /
other surveys 200 which the state |
insight ho Interested directly cor ind.- |
ro.tIy
That tho said IS % TVichcll /
m,do and executed bond 90 the sum
OF 10000. conditioned and PAYABLE |
the same %. bonds OF county aud dis /
ttiri surveyors. and that said bond /
was dub approved by the then cont .
mis .iuer of the general land office. /
and that the said Tu .chcIl took Tho
oath prescribed hy the constitution /
for other officers. and qualified a- =
state surveyor
That the ro.sur'ey of the lame, .
Boo controversy loo this cause by the .
said N p TVichcu was made hy the /
request and upon tine application of /
thr owners OF tho lands Aud that /
'h' said owners paid an OF the c,. /
peuso incurred Boo making such cor f.
rr'ted survey of said lands And /
That .u making said rosurvev- of sali /.
lands the said " o rv.chell acted
under tho control and direction 81
'he then commissioner of tho general I
land office and said survey was made
ht iHr said IS o. TVigben lu accord
1urc eith and according Ia the in
-truriious in writing given D, the
said land commissioner
Thus after making said survey
t- Aforesaid The said IS p TVichel
returned tho field notes of the sur
,ey or resur'oy o. made by him 90
general land office and the aid field
note. when so returned 90 the land
office we're adopted and approved by
'hr commissioner OF the general land
office and thereafter the Land Com
missioner forwarded 90 the surveyor !.
If OH" county iu which said lands so
-esurveyed by the said Twitchell az
aforesaid las. certified copies OF said
field notes and said field notes were
iuli recovered recorded a. a part
lf the records of said Surveyor
ifuDe. 4
Conclusions of law
The acc OF 1889. page 1n1. pro-
side- that for the purpose of ascer-
.ainins The conflicts and errors 10
and making proper correction OF sur