Rodriguez v. Hernandez

JAMES, Chief Justice.

Appellee brought this action of trespass to try title against appellants in reference to two adjoining 160-acre surveys, one patented to John Burgess, the other to Jesus Basquez. The description of the two tracts as given in the petition called for them to extend to the east bank of the Rio Grande. Defendants disclaimed as to all the land not included "within certain field notes. As to this they pleaded not guilty and limitations. They alleged that since the location and patents of plaintiff’s surveys the river has left its channel and by avulsion formed another channel…