Harrell v. Houston
Texas Supreme Court
Appeal from San Saba. Tried below before the Hon. A. W. Morsund. Appellee brought this suit against appellants, J. B. Harrell, John W. Harrell and George Keeney, for damages, alleging that plaintiff was the surviving widow of Sterling A. Houston, who died in March, 1874; that she was administratrix of his estate, and was in possession of three hundred and twenty acres of land, survey Ho. 127, belonging to the community estate constituting their homestead, and situated in San…
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Appeal from San Saba. Tried below before the Hon. A. W. Morsund. Appellee brought this suit against appellants, J. B. Harrell, John W. Harrell and George Keeney, for damages, alleging that plaintiff was the surviving widow of Sterling A. Houston, who died in March, 1874; that she was administratrix of his estate, and was in possession of three hundred and twenty acres of land, survey Ho. 127, belonging to the community estate constituting their homestead, and situated in San Saba county; that in February, 1876, defendants ejected plaintiff from the possession of about one hundred and twenty…
1Opinion of the Court
Robertson, Associate Justice.
plaintiff was not entitled to recover in this suit, unless she was the owner of the land between the disputed division lines. With respect to these lines, the pleadings and evidence presented two issues:
1. Which is the true line—the line run by the locating surveyor? If it is where the defendants claim it to be, the plaintiff could recover nothing.
*2802. If the true division line is where the plaintiff contends, then have not the owners of the two surveys made the other line the division line between them?
If they had the line extended at the wrong place, and then…
2Cases cited2 opinions
- Sartain v. HamiltonTexas Supreme Court · 1854
- Saunders v. WilsonTexas Supreme Court · 1857
3Cited by16 opinions
- Wood v. CahillCourt of Appeals of Texas · 1899
- Rockhold v. Lucky Tiger Oil Co.Court of Appeals of Texas · 1927
- Long v. CudeCourt of Appeals of Texas · 1889
- Van Zandt v. BrantleyCourt of Appeals of Texas · 1897
- Freeman v. ClearyCourt of Appeals of Texas · 1911
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