Bassett v. Martin

GAINES, Associate Justice.

This was a suit brought by appellee to recover of appellant a tract of land. The petition was in the statutory form of an action of trespass to try title. The land in controversy is a part of a survey known as the James Cox league, and lies between two channels or water-ways of a stream called Rocky Creek. Both above and below the land in dispute the waters of the stream run in a single channel; but above, at its eastern extremity, they divide at certain stages and pursue two different ways, which again unite at the western extremity of the tract. There was testimony…