Gill v. Peterson

Mr. Judge SMEDLEY

delivered the opinion of the Commission of Appeals, Section B.

The controversy is as to the true location of the east boundary line of a tract of land described by the deed as containing 38 acres, and being a part of the R. W. Smith H. R. Survey in Rusk County, which was conveyed by plaintiffs in error T. H. Gill and wife to C. R. Flourey on January 13, 1922, and conveyed by Flourey to defendant in error J. N. Peterson on February 1, 1922. Plaintiffs in error contend that the disputed line is at the place where a line was surveyed and marked by John Choice, a surveyor, a very…