Gulf, Colorado & Santa Fe Railway Co. v. McLean

Collard, Judge.

We can not agree to the proposition of appellant that appellee was a trespasser and that the posts were wrongfully on the-right of way. There is no statement of facts in the record, and of course-the appellant relies upon the conclusions of fact as found by the court; and accepts them as true. The court found that the appellee “on the-13th day of March, 1886, had piled a large lot of cedar posts on appellant’s right of way at Lometa; that he had contracted to sell the cedar post to a party at Santa Anna, but did not on tbat day have as many as. the party wanted; was expecting…