Chapman v. Dearman

I cannot agree with my Brethren in their disposition of this case; and as I view the decisions of our Supreme Court and the different courts of Civil Appeals, upon similar cases, there is a distinction between the instant ease and cases heretofore decided. Certainly, there is a distinction in the instant case and the case of Lodwick Lumber Co. v. Taylor, 100 Tex. 270, 98 S. W. 238, 123 Am. St. Rep. 803. In the Lodwick Lumber Co. Case, the grantor, who was plaintiff, sought to recover the timber from the (Lodwick Lumber Company, grantee. As reported, there is nothing to show that the timber…