Bolton v. Lann
Texas Supreme Court
Appeal from Wharton. This was a suit by the appellee against the appellant, to establish a boundary line. A tract of land containing two leagues was granted to Alexander Jackson, on the 16th of July, 1824, on the eastern margin of the Colorado rivet, beginning at a cotton wood, six inches in diameter, marked A. J,, 20 varas from an elm, 20 inches in diameter, to the N. 20 E., “ adjoining on the S. E. the lands “ of William Kincheloe.”
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Appeal from Wharton. This was a suit by the appellee against the appellant, to establish a boundary line. A tract of land containing two leagues was granted to Alexander Jackson, on the 16th of July, 1824, on the eastern margin of the Colorado rivet, beginning at a cotton wood, six inches in diameter, marked A. J,, 20 varas from an elm, 20 inches in diameter, to the N. 20 E., “ adjoining on the S. E. the lands “ of William Kincheloe.” January 12th, 1835, partition between the heirs of said Jackson, into three lots, by lines running back from the river. Lot No. 1 beginning at the lower corner…
1Opinion of the CourtWheeler, J.
The general rules, to be observed in ascertaining boundaries or the locality or identity of lands, called' for in a deed or. grant, are well settled. Recourse is to be had, 1st, to natural objects ; 2nd, to artificial marks ; 3rd, to course and distance. The line of a tract of land may as well be the subject of a call, as any other object; and such a call will control course and distance.
Assuming that it is true, as the plaintiff avers, that the dividing line between himself and the defendant, has been obscured and lost by accident and the lapse, of time, and cannot be ascertained but by an…
2Cited by32 opinions
- Ayers v. WatsonSupreme Court of the United States · 1885
- John Thatcher v. John MatthewsTexas Supreme Court · 1907
- Strayhorn v. JonesTexas Supreme Court · 1957
- Booth v. UpshurTexas Supreme Court · 1861
- Floyd v. RiceTexas Supreme Court · 1866
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