Hefner v. Downing
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. W. H. Andrews, special judge. Action of trespass to try title to fifteen and one-half acres of land, instituted in December, 1877, by Carter S. Downing against A. J. Hefner and T. P. Lockhart. The pleadings of the defendants consisted of a general demurrer, plea of not guilty, limitation, and improvements in good faith.
Read the full summary
Appeal from Hunt. Tried below before the Hon. W. H. Andrews, special judge. Action of trespass to try title to fifteen and one-half acres of land, instituted in December, 1877, by Carter S. Downing against A. J. Hefner and T. P. Lockhart. The pleadings of the defendants consisted of a general demurrer, plea of not guilty, limitation, and improvements in good faith. The dispute was as to the boundary line between a tract of one hundred and twenty acres out of a survey of one-third of a league of land, bought by Downing of G-. W. Wright, and a tract of one hundred and seventy acres out of the…
1Opinion of the Court
Stayton, Associate Justice.
The question in issue in this cause was not as to the true boundary line as it would be fixed by an actual survey of the land of the appellee by its field notes, but whether a marked line between them had been so recognized and acted upon for a long time as to preclude Downing, as against Lock-hart, who had purchased land relying upon the marked line as the true line, from disputing that fact.
There was evidence tending to show that Downing, and those persons from whom Lockhart bought, had recognized the marked line as the true line between their lands since 1867,…
2Cases cited10 opinions
- F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Storrs v. BarkerNew York Court of Chancery · 1822
- Scoby v. SweattTexas Supreme Court · 1866
- George v. ThomasTexas Supreme Court · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Taylor v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1928
- Gulf Oil Corp. v. Marathon Oil Co.Texas Supreme Court · 1941
- Buie v. MillerCourt of Appeals of Texas · 1919
- Hunter v. MaloneCourt of Appeals of Texas · 1908
- Hanrick v. DoddTexas Supreme Court · 1884
12 more not listed; retrieve them via the Exa API.