Kirby Lumber Co. v. Gibbs Bros. & Co.

The suit is one of trespass to try title to the 158 acres of land shown in the parallelogram A, B, Y, X and alleged to be a part of the Willis McWilkinson survey in Liberty county, and to recover damages for the value of timber cut and removed from the land. The defendant, Kirby Lumber Company, owned the Charles Smith survey' on the east of the McWilkinson, and, from a judgment in favor of the plaintiffs, appealed to the Court of Civil Appeals, where the judgment of the trial court was affirmed. 3 S.W. (2d) 819.

On August 1, 1838, H. B. Littlefield, deputy surveyor of Harris (then Harrisburg)…