Legal Opinion · Dissent

Birge-Forbes Co. v. Wolcott

Court of Appeals of Texas

Decided April 29, 1915No. 441Published

Aiipeal from District Court, Martin County; S. J. Isaacks, Judge. Action by G. W. Wolcott against the Birge-Eorbes Company and others. Erom a judgment for plaintiff, defendants appeal.

1Dissent

HARPER,* C. J.

(dissenting). The petition in this case contains: First, formal pleading in trespass to try title; and, second, allegation that it is a boundary suit, in that it is sought thereby to fix, determine, and locate upon the ground the north boundary lines of the said two leagues 253 and 254 and the south boundary line of 259 and 260, Borden county school lands.

The tenth assignment is that the judgment is without facts to support it, because there is no evidence that the defendant had any of the lands claimed by plaintiff in his possession. I have searched the statement of facts with…

2Cases cited3 opinions

  1. Herring v. SwainTexas Supreme Court · 1892
  2. Lumpkin v. WoodsCourt of Appeals of Texas · 1911
  3. Hill v. CollierCourt of Appeals of Texas · 1911

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