No. 462.

162 U.S. 170 (1896)

16 S.Ct. 695

40 L.Ed. 930


Supreme Court of United States.

Decided March 30, 1896.

Attorney(s) appearing for the Case

Mr. Andrew Wesley Kent and Mr. J.L. Peeler for plaintiff in error.

Mr. Clarence H. Miller, (with whom were Mr. S.R. Fisher, Mr. E.B. Hancock and Mr. Franz Fiset on the brief,) and Mr. Joseph Wheeler, (with whom was Mr. Josiah Patterson on the brief,) for defendant in error.

MR. JUSTICE FIELD, after stating the provisions of the act of Texas as above, delivered the opinion of the court, as follows:

No right, title or interest in the lands which Russ desired and applied to purchase passed to him solely by his application for the survey. Until that was followed by the survey, map and field-notes of the survey, and they were filed in the General Land Office of the State, it gave no right to the applicant to purchase the land.


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