Humble Oil & Refining Co. v. Stewart Oil Co.

HUGHES, Justice.

This is a Rule 37 case in which all the facts were stipulated. They are:

On October 9, 1922, E. B. Alford acquired title by deed to a 73 plus acre tract of land in Rusk County.

On April 17, 1916, J. P. Maxwell acquired title by deed to a 200-acre1 tract of land in Rusk County.

The Alford and the Maxwell tracts adjoined; the Alford east line being the Maxwell west line.

The tract immediately in issue is a .95-acre tract out of the S. E. corner of the Alford tract. This tract lay outside the Alford fence and was enclosed by Maxwell’s fence since 1916. Maxwell perfected ten-year…