Bird v. Montgomery
Texas Supreme Court
.Appeal from Walker. , Neither the transcript' ©f this cause, nor the briefs, have reached the hands of the Reporter. The character of the case, however, is clearly disclosed by the opinion of the .court; -which indicates, also, the material facts. And if more minute information is desired, doubtless the .case of Bird v. Pace, .26 th Texas, 487, .may be 'relied on to furnish it.
1Opinion of the CourtWalker, J.
This case is nominally an action of trespass to try title, but is really in the nature of a proceeding in chancery to settle a disputed boundary line between coterminous proprietors; and this is the second time the case has been before this court, for ■we find it in every essential attribute the same case as that decided in 26 Texas Reports, p. 487. The first case is that of Bird v. Pace. Pace was a tenant of the heirs of Hodge. This is the case of Bird v. Montgomery, who is also tenant of the heirs of Hodge. In both cases the tenants are hut the “Richard Roes” of the action. The heirs of…
2Cited by6 opinions
- Jones v. AndrewsTexas Supreme Court · 1888
- Spence v. McGowanTexas Supreme Court · 1880
- Barbee v. StinnettTexas Supreme Court · 1883
- Scripture v. ScriptureCourt of Appeals of Texas · 1921
- Permian Oil Co. v. SmithTexas Supreme Court · 1937
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