Oliver v. Mahoney
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Himes. Suit by James Oliver, involving a question of boundary. The Burns survey was made in 1846; its field notes are not in the record; afterwards the Haney Anderson was made west of the Burns, and the A. S. Anderson still west of that.
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Appeal from McLennan. Tried below before the Hon. B. W. Himes. Suit by James Oliver, involving a question of boundary. The Burns survey was made in 1846; its field notes are not in the record; afterwards the Haney Anderson was made west of the Burns, and the A. S. Anderson still west of that. The controversy was over a strip of land which, under the decision in this cause, existed between the Burns and the Haney Anderson surveys, for which Oliver, who claimed the Haney Anderson survey, sued. The east line of the Burns survey was in the timber and well marked; its west line was an open, or…
1Opinion of the Court
Delany, J. Com. App.
— Appellants insist that the east line of the Anderson survey should be carried eastwardly to the west line of the Burns, because the Burns is the older survey, and the field notes of the Anderson call for its west line.
They refer us to a number of cases which recognize the rule that a call for a marked line, as for the line of an older survey, will ordinarily control a call for course and distance. But it seems to us that appellants are resorting to that rule in a case to which it does not properly apply. The rule finds its proper application in cases where the line which…
2Cited by12 opinions
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Standefer v. VaughanCourt of Appeals of Texas · 1920
- Houston Oil Co. of Texas v. BrownCourt of Appeals of Texas · 1917
- De Walt v. Houston East & West Texas Railway Co.Court of Appeals of Texas · 1900
- Morten Inv. Co. v. TreveyCourt of Appeals of Texas · 1928
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