Rudder v. Ponder

This is a suit to establish a vacancy along the Gulf Coast. The land in suit lies on Copano Bay in Aransas County, Texas. The respondents claim the proper boundary of the privately owned land on shore is the common law boundary along the contour line of 0.4 feet above sea level. The State, acting through Land Commissioner, J. Earl Rudder, et al, claims the true boundary line should be in accordance with Spanish and Mexican law. This point is 1.1 feet above sea level. The difference between these two elevations accounts for the vacancy. No party denies that the land covered by the sea under…