Duff v. Moore

Gaines, Associate Justice.

Appellants, as the owners of a tract of land patented to J. D. Whitcomb, as assignee of Consolidated El Paso Irrigation Manufacturing Company, brought suit against appellee to recover the land in controversy, claiming it as a part of the abandoned survey. Appellee was in possession of the disputed strip, setting up claim under the title to the J. A. Yeoman survey, of which he was admitted to be the owner. The issue presented is a question of boundary. The Yeoman is the older survey. The field notes of the Whit-comb call for the south boundary line as coincident with…