Legal Opinion

Harris v. Kiber

Court of Appeals of Texas

Decided February 18, 1915No. 6726. [fn†]Published

Appeal from District Court, Wharton County ; Samuel J. Styles, Judge. Action by Emma D. Kiber and others against John W. Harris and others. From a judgment for plaintiffs, defendants appeal.

1Opinion

On Motion for Rehearing.

In our opinion in this case filed on February 18, 1915, in which the judgment of the court below was affirmed, we held that the evidence was sufficient to sustain the finding of the trial court that the line between the lands of plaintiffs and defendants is located as claimed by plaintiffs.

[3-5] A further investigation of the record has convinced us that we erred in this holding. The evidence is sufficient to sustain the finding that many years ago plaintiffs’ predecessors in title located the line as now claimed by plaintiffs, but there is no evidence that defendants,…

2Cases cited4 opinions

  1. Jones v. AndrewsTexas Supreme Court · 1884
  2. Lagow v. GloverTexas Supreme Court · 1890
  3. Donaldson v. E. G. & Kate RallCourt of Appeals of Texas · 1896
  4. Bean v. WhitneyCourt of Appeals of Texas · 1901

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