Chew v. De Ware
Court of Appeals of Texas
Appeal from District Court, Marion County; J. A. Ward, Judge. Action by J. M. De Ware and others against W. D. Chew and others. Judgment on verdict for plaintiffs, and defendants appeal. The republic of Texas issued a patent on January 25, 1842, to Robert Potter for 22 labors of land situated in what is now Marion county on Ferry or Caddo Lake. The west boundary line of the survey calls for the lake.
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Appeal from District Court, Marion County; J. A. Ward, Judge. Action by J. M. De Ware and others against W. D. Chew and others. Judgment on verdict for plaintiffs, and defendants appeal. The republic of Texas issued a patent on January 25, 1842, to Robert Potter for 22 labors of land situated in what is now Marion county on Ferry or Caddo Lake. The west boundary line of the survey calls for the lake. Since the time of the location of the survey, there has been, it appears, recession of waters of the lake. And, upon the contention that there is vacant public school land or domain between the…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1-3] The original locating surveyor of the Robert Potter survey, as found by the jury, actually established on the ground and marked for identification the northwest corner of the survey at a post oak tree marked “R. P.” near the water’s edge of Perry or Caddo Lake. An established original corner must govern and control. Accordingly, the other calls in the patent for the west line will be followed from the established northwest comer. These calls are for the meanders of the lake, and, as found by the jury, the original locating surveyor of the Robert…
2Cases cited1 opinion
- Hughes v. State of TexasCourt of Appeals of Texas · 1909
3Cited by2 opinions
- Rice v. ArmstrongCourt of Appeals of Texas · 1981
- Beaumont Irrigating Co. v. Lake Oil Co.Court of Appeals of Texas · 1928