Thomas v. Southwestern Settlement & Development Co.

Mr. Presiding Judge Smedley

of the Commission of Appeals delivered the opinion for the court.

The Court of Civil Appeals at Beaumont has certified to the Supreme Court two questions of law. The material facts set out in the certificate are in substance as follows:

The subject matter of the controversy is 4328 acres of land in Hardin County, being all of the Eduardo Ariola League except 100 acres of land in the form of a square in the northwest corner of the league. In the year 1889 G. W. M. Duck was the owner through recorded deeds of an undivided one-fifth interest in the Ariola League. By deed…