McCurdy v. Morgan

NORVELL, Justice.

' This case concerns a dispute of title between the successors of John Pollan, who in 1834 received a grant embracing within its limits a portion of the bed of a non-perennial stream (Chiltipin Creek) from the executive authority ’ of the Mexican State of Coahuila and Texas, and those claiming under an oil and gás lease (covering the creek bed) executed in 1951 by the Land Commissioner of the State of Texas. The controlling question is whether title to the bed of the non-perenniál stream remained in the sovereign. or passed to the grantee under the Mexican grant. As to…