Moore v. Reiley
Texas Supreme Court
Appeal from Limestone. Tried below before the Hon. L. D. r Bradley. This suit was brought by Reiley in the form of trespass to try title, the only question involved being one of boundary. The 'plaintiff described his three surveys as bounded on the west by the eastern line of the Rutledge survey, which was made in 1889. The true location of the eastern line of the Rutledge was i the vital question in the case.
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Appeal from Limestone. Tried below before the Hon. L. D. r Bradley. This suit was brought by Reiley in the form of trespass to try title, the only question involved being one of boundary. The 'plaintiff described his three surveys as bounded on the west by the eastern line of the Rutledge survey, which was made in 1889. The true location of the eastern line of the Rutledge was i the vital question in the case. The east line of the Rutledge was not marked, nor were its terminal points clearly identified. Plaintiff’s surveys were made in 1868. The Polk and the Rutledge were made by the same…
1Opinion of the Court
Collard, Commissioner of Appeals.
It was the evident intention of the officers representing the State to include in the locations all the land between the Hanks and Ashmore on the east and the Rutledge on the west; and we are of, the opinion that the surveys should be so established. It is true, a marked line and clearly identified corners prevail over an open and indefinite line (Oliver v. Mahoney, 61 Texas, 612; Fordtran v. Ellis, 58 Id., 245), and especially is this the case where the line waactually run and corners were made, and the footsteps of the surveyor can be followed. (61 Texas,…
2Cases cited1 opinion
- Boon v. HunterTexas Supreme Court · 1884
3Cited by5 opinions
- Smith v. TurnerCourt of Appeals of Texas · 1928
- Houston Oil Co. of Texas v. BrownCourt of Appeals of Texas · 1917
- Ruth v. Carter-Kelly Lumber Co.Court of Appeals of Texas · 1926
- Polk County v. StevensCourt of Appeals of Texas · 1911
- King v. MitchellCourt of Appeals of Texas · 1892