Hunnicutt v. Peyton
102 U.S. 333

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U.S. Supreme Court

Hunnicutt v. Peyton, 102 U.S. 333 (1880)

Hunnicutt v. Peyton

102 U.S. 333




1. Exceptions reserved at the trial of the cause may, within such time thereafter during the term as the judge shall deem reasonable, be reduced to form and presented to him for signature, and they are not waived by suing out a writ of error before his signature is obtained.

2. Where, under such circumstances, bills of exceptions are signed during the term, it is not necessary to render them effective that they be antedated, or ordered to be filed nunc pro tunc as of a time during the trial.

3. A party who, under article 24 of the Mexican law of 1825, procured from the government by purchase a grant of public lands could alienate it before they were selected, and his formal act of sale, with a power to his alienee to obtain the title of possession, constituted the latter the absolute owner of them when he, by the proper officer, was furnished with the evidence of title and put in possession. Where, therefore, the grant contained no specific description of the lands, but contemplated the selection and location of them, the title of extension, when given to the alienee, is complete.

4. In questions of private boundary, the declaration of a deceased person of particular facts, as distinguished from reputation, is not admissible unless it be shown that he had knowledge of that whereof he spoke and was then on the land or in possession of it, and was pointing out and marking the boundary or discharging some duty in relation thereto. A declaration merely reciting something past is within the rule which excludes hearsay evidence.

5. The decisions of the Supreme Court of Texas examined and held to be in harmony with this ruling.

6. The possession of a person who, under color of title, enters upon vacant lands and holds adversely is construed to include so much as is within the boundaries of his title, and to that extent the true owner will be deemed to be disseised. But if the latter be in actual possession of any part of the lands whereon the entry is made, his constructive seisin extends to all not in fact occupied by the intruder.

This was an action brought by Bailie Peyton and others against Hunnicutt and others to recover possession of a tract of land in the County of Falls, Texas, being "four leagues of land on the east of left bank of the Brazos River, known as the Gregorio Basquez survey of four leagues," and more particularly described in the amended petition as beginning at a stake marked "P" on the east bank of the River Brazos, in the County of Falls, State of Texas, at the point where the upper line of the Austin & Williams reserve, on the east side of said river, intersects said river; running thence with said upper

Page 102 U. S. 334

line of the reserve N. 71

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