Carley v. Parton
Court of Appeals of Texas
Appeal from Limestone. Tried below before Hon. Sam. R. Frost. September 18,1886, appellee Parton sued appellants Oarley and Smith. The alleged purpose of the suit was to establish the division line between the parties, the plaintiff owning or claiming the north half of the Thomas Johnson survey and the defendants the south half.
Read the full summary
Appeal from Limestone. Tried below before Hon. Sam. R. Frost. September 18,1886, appellee Parton sued appellants Oarley and Smith. The alleged purpose of the suit was to establish the division line between the parties, the plaintiff owning or claiming the north half of the Thomas Johnson survey and the defendants the south half. It was alleged that in 1878 a survey running said line had been-made by one S. G. McLendon at the instance of plaintiff and a former owner of the south half, which line was approved by the respective owners affected by it. The petition •alleged that defendants were…
1Opinion of the Court
COLLARD, Judge.
There was evidence sufficient to support the finding of the court below' that Par ton, the plaintiff, and Pringle, in 1878, while the latter owned and lived on the land now claimed by defendants, and under whom they claim, agreed to have the disputed line between them ran out and established by McLendon, and that the line was so run and established by McLendon, dividing the 640 acres into two equal parts, both parties concurring therein. It is not our province in such cases to reverse the finding of the court.
Outside of this, however, if there had been no agreed location of the…
2Cases cited9 opinions
- Bracken v. JonesTexas Supreme Court · 1885
- Jones v. AndrewsTexas Supreme Court · 1888
- Sowers v. PetersonTexas Supreme Court · 1883
- Pilcher v. KirkTexas Supreme Court · 1881
- Telfener v. DillardTexas Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- First National Bank in Dallas v. KinabrewCourt of Appeals of Texas · 1979
- Harmon v. Overton Refining Co.Texas Supreme Court · 1937
- Royal Petroleum Corporation v. DennisTexas Supreme Court · 1960
- Hicks v. Southwestern Settlement & Development Corp.Court of Appeals of Texas · 1945
- Royal Petroleum Corp. v. DennisTexas Supreme Court · 1960
14 more not listed; retrieve them via the Exa API.