State v. Bradford

The state of Texas sued appellees in tres- • pass to try title to recover an area of land in Gray and Wheeler counties, constituting the bed of the North fork of Red river, alleged to have been appropriated to the public school fund, either by section 2 of article 7 of the state Constitution, or by the Act of February 23,1900 (Acts 26th Leg. 1st Called Sess. c. 11). As ground for recovery the state alleged that said river was a statutory navigable stream, in that it “retained an average width of more than thirty feet from cut bank to cut bank from its mouth up,” at the time of and…