Forbes v. Withers
Texas Supreme Court
Appeal from Johnson, Tried below before Hon J. M. Hall On March 31, 1884, L. P. Forbis and William Gambrell instituted this suit in the district court of Johnson county against J. N, Withers, in trespass to try title for two hundred varas by one thousand one hundred and sixty-five varas off the east end of the R. W. Boyce survey, for eight hundred and twenty adres, situated in Johnson county and fully described in plaintiff’s petition, and for rents, etc.
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Appeal from Johnson, Tried below before Hon J. M. Hall On March 31, 1884, L. P. Forbis and William Gambrell instituted this suit in the district court of Johnson county against J. N, Withers, in trespass to try title for two hundred varas by one thousand one hundred and sixty-five varas off the east end of the R. W. Boyce survey, for eight hundred and twenty adres, situated in Johnson county and fully described in plaintiff’s petition, and for rents, etc. And the defendant plead not guilty, and under the statute suggested that he was entitled to valuable improvements as a bona fide possessor,…
1Opinion of the Court
Walker, Associate Justice.
This is a controversy as to the ownership of a strip of land of two hundred varas width, claimed by the appellants, who were plaintiffs below, to be included in the Boyce survey and on its east side. The defendant claims that it is included in the survey under which he *306holds, made and patented to the Johnson county school land, and on its west side. There was no controversy as to the title, and the only question was as to the division line or Common line of these two surveys. The surveys were made by the same man, and within a few days of each other.
The contest here…
2Cases cited1 opinion
- Booth v. UpshurTexas Supreme Court · 1861
3Cited by18 opinions
- Weatherly v. JacksonTexas Supreme Court · 1934
- Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1937
- Nichols v. StateCourt of Appeals of Texas · 1895
- Blake v. Pure Oil Co.Texas Supreme Court · 1937
- Miller v. YatesTexas Supreme Court · 1933
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