Ayers v. Watson
113 U.S. 594 (1885)

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U.S. Supreme Court

Ayers v. Watson, 113 U.S. 594 (1885)

Ayers v. Watson

Argued November 11, 1884

Decided March 2, 1885

113 U.S. 594

I

N ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF TEXAS

Syllabus

The ruling in Hyde v. Ruble,, 104 U. S. 407, that clause 2, § 639 Rev.Stat. as to removal of causes was suspended and repealed by the Act of March 3, 1875, 18 Stat. 470, reaffirmed.

§ 2 of the Act of March 3, 1875, defining the cases in which causes may be removed from state courts to circuit court of the United States, being fundamental and based on the grant of judicial power, its conditions are indispensable -- cannot be waived -- and must be shown by the record.

§ 3 of that act not being jurisdictional, but a mere rule of limitation, its requirements may be waived.

The party at whose instance a cause is removed from a state court is estopped from objecting that the removal was not made within the time required by § 3 of the Act of March 3, 1875, 18 Stat. 470.

The general rule in Texas for construing descriptions in grants of land is that natural objects control artificial objects, that artificial objects control courses and distances, that course controls distance, and that course and distance control quantity.

A grant of land in Texas was made to the grantor of the plaintiff in error with the following description:

"Beginning the survey at a pecan (nogal) fronting the mouth of the aforesaid creek, which pecan serves as a landmark for the first corner, and from which 14 varas to the north 59

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