Boynton Lumber Co. v. Houston Oil Co. of Texas
Court of Appeals of Texas
Appeal from District Court, Newton County; A. E. Davis, Judge. Action by the Houston Oil Company of Texas against tbe Boynton Lumber Company and others. From a judgment for plaintiff, defendants appeal. The following is a copy of the “Priest Map” referred to in the dissenting opinion: low and the Boynton Lumber Company et al., appellants', were defendants, and the cause was tried before the court without a jury.
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Appeal from District Court, Newton County; A. E. Davis, Judge. Action by the Houston Oil Company of Texas against tbe Boynton Lumber Company and others. From a judgment for plaintiff, defendants appeal. The following is a copy of the “Priest Map” referred to in the dissenting opinion: low and the Boynton Lumber Company et al., appellants', were defendants, and the cause was tried before the court without a jury. Judgment was rendered for the Houston Oil Company of Texas for the land in controversy and for 8364.96, with legal interest thereon, for damages for cutting timber from the land, from…
1Dissent
The fact that Justice A. G. BROOKE is disqualified in this case makes it more regrettable to the author hereof that he is unable to agree with the majority of the court, as constituted for the determination of this case.
Upon an examination of the statement of facts in this case, the first thing that appears is an agreement between the parties to the cause of action, as follows:
"It is agreed by and between the parties to this cause as follows:
"(1) If the land in controversy is on the Nathaniel H. Cochran league survey in Newton county, Tex., or on the W. C. Armstrong survey in Newton county,…
2Cases cited9 opinions
- Anderson v. StampsTexas Supreme Court · 1857
- Hamilton v. BlackburnCourt of Appeals of Texas · 1906
- Lafferty v. StevensonCourt of Appeals of Texas · 1911
- Taft v. WardCourt of Appeals of Texas · 1909
- State of Texas v. SulflowCourt of Appeals of Texas · 1910
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