Hart v. Greis

McDONALD, Chief Justice.

This suit is in the form of trespass to try title, but the parties agree that the sole issue is one of boundary. Plaintiffs claim to be the owners in fee of the surface and the minerals, and defendant claims under a mineral lease issued to him on December 23, 1938, by Wm. H. McDonald, Commissioner of the General Land Office, covering the land in controversy, which is a tract containing 101.1 acres, lying in Wichita County. Defendant claims that the land in question is vacant, unpatented land, lying' between the E. Durain and the M. L. Gahagan Surveys. Plaintiffs claim…