Ayers v. Beaty

STEPHENS, Associate Justice.

This controversy turns upon the true beginning corner of a 1280 acres survey patented to the heirs of Mark B. Lewis in 1878, then situated in Hardeman County, which was also the northeast corner of a 240 acres survey granted to the same heirs. Everything depended, so far as appellant’s defense was concerned, upon the identity of a certain wild china tree called for at this corner. There were no marked lines, and stakes only were called for at the other corners, which had never been put up. The manner in which the survey had been made on the ground was testified to…