Texas & Pacific Railway Co. v. State

Mr. Presiding Judge HARVEY

delivered the • opinion, of Commission of Appeals, Section A.

In this case, the plaintiff in error, The Texas and" Pacific Railway Company, claims title, in fee, to its right of way through Ector County. The trial court gave judgment for the State, and the Court of Civil Appeals affirmed that, judgment. 52 S. W. (2d) 957.

In the year 1850, and for some twenty odd years afterward, the western part of the State, for a distance of some five hundred miles was wild land belonging to the State. The land in this region was unappropriated, unsurveyed, and uninhabiated. In the…