Rudder v. Ponder

I respectfully dissent.

The main question to be determined in this case is whether the civil law shore line or the common law shore line should *196prevail over the lands in question. This case originated as Mineral Application No. 42289 filed in the General Land Office, as provided for in Art. 5421(c), Vernon’s Annotated Civil Statutes, by Russell S. Ponder concerning land either in or on Copano Bay in Aransas County and known as Egery Flats. The application was granted in part and denied in part. Pursuant to Sec. 6J of Art. 5421(c) Vernon’s Anno. Civ. Stat., Ponder filed suit in the District…