Westbrook v. Guderian
Court of Appeals of Texas
This was a suit of trespass to try title, in the usual form. The plaintiff, C. A. Westbrook, sued M. Guderian, August Spitzer, A. J. Ponder, L. F. Ponder, and L. P. Brown for a part of the lower or south Hugh Miller survey of-acres; alleging that defendants were in possession of a strip 431 varas wide by 2208 varas long in the northern part of said survey. The suit was afterwards dismissed as to the defendant L. F. Ponder.
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This was a suit of trespass to try title, in the usual form. The plaintiff, C. A. Westbrook, sued M. Guderian, August Spitzer, A. J. Ponder, L. F. Ponder, and L. P. Brown for a part of the lower or south Hugh Miller survey of-acres; alleging that defendants were in possession of a strip 431 varas wide by 2208 varas long in the northern part of said survey. The suit was afterwards dismissed as to the defendant L. F. Ponder. The defendants answered separately, setting out by metes and bounds the portion claimed by each respectively, their improvements, etc. ¡No question is made on this appeal…
1Opinion of the Court
KEY, Associate Justice.
This is an action of trespass to try title. Appellant was plaintiff and appellees were defendants in the court below.
The case involving a question of boundary, on application of appellant, J. W. Speight, a surveyor, was appointed to go upon the ground and survey and determine the true location of the line in dispute. Speight made a report, which, upon motion of appellees, was quashed and excluded from the testimony; and this action of the trial court is assigned as error.
In Schunior v. Russell, 83 Texas, 83, in construing the statute authorizing the appointment of…
2Cases cited3 opinions
- Schunior v. RussellTexas Supreme Court · 1892
- Blum v. MerchantTexas Supreme Court · 1883
- Bynum v. PrestonTexas Supreme Court · 1887
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