Texas & P. Ry. Co. v. State

HARYEY, Presiding Judge.

In this case, the plaintiff in error, the Texas & Pacific Railway Company, claims title, in fee, to its right of way through Ector county. The trial court gave judgment for the state, and the Court of Civil Appeals affirmed that judgment. 52 S.W.(2d) 957.

In the year 1850, and for some twenty-odd years afterward, the western part of the state, for a distance of some five hundred miles, was wild land belonging to the state. The land in this region was unappropriated, unsurveyed, and uninhabited. In the year 1850, the matter of a transcontinental railroad constituted a…