Fulton v. Frandolig
Texas Supreme Court
Appeal from Aransas. Tried below before the Hon. H. Clay Pleasants. Suit in trespass to try title, commenced by the appellant, J. C. Fulton, administrator of Joseph F Smith, deceased, against the appellee, Frandolig, on the 5th day of March, 1380. Appellant claimed the land in controversy as being embraced, in two patents for three hundred and twenty acres of land each, issued to the heirs of Henry Smith, deceased, one of which patents was issued to said heirs as the…
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Appeal from Aransas. Tried below before the Hon. H. Clay Pleasants. Suit in trespass to try title, commenced by the appellant, J. C. Fulton, administrator of Joseph F Smith, deceased, against the appellee, Frandolig, on the 5th day of March, 1380. Appellant claimed the land in controversy as being embraced, in two patents for three hundred and twenty acres of land each, issued to the heirs of Henry Smith, deceased, one of which patents was issued to said heirs as the assignees of T. Crocroline, and the other was issued to said heirs as assignees of J. Hand. Frandolig pleaded: First. Not…
1Opinion of the Court
Watts, J. Com. App.
There is no doubt but that land formed by-grad ual and imperceptible accretion, as well as that formed by the gradual and imperceptible receding of the water, belongs to the owner of the contiguous land. In this respect there is no distinction between land gained by accretions and that gained by the recession of the water. New Orleans v. United States, 10 Pet., 662; County of St. Clair v. Lovington, 23 Wall., 46; Perry v. Pratt, 31 Conn., 442; Barrett v. New Orleans, 13 La. Ann., 105; Handly v. Anthony, 5 Wheat., 374.
It is also true that the right to alluvion depends upon…
2Cases cited7 opinions
- County of St. Clair v. LovingstonSupreme Court of the United States · 1874
- Handly's Lessee v. AnthonySupreme Court of the United States · 1820
- Saulet v. ShepherdSupreme Court of the United States · 1867
- Bates v. Illinois Central RailroadSupreme Court of the United States · 1862
- Bristol v. County of CarrollIllinois Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- John G. & Marie Stella Kenedy Memorial Foundation v. DewhurstTexas Supreme Court · 2002
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Johnson v. HurstIdaho Supreme Court · 1904
- Fuller v. SheddIllinois Supreme Court · 1896
- Norrell v. Aransas County Navigation District 1, Texas Court of Appeals, 13th District1999
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