Frost v. Socony Mobil Oil Company

I respectfully dissent.

In this vacancy suit, the land involved, located in Pecos County, is a tract, 3412 *402varas long, North and South, by 510 varas, West to East.

Petitioner, Frost, claims that the strip of land adjoins the East line of Sections 49 and SO, Block OW, and lies West of Block 143. The respondents contend that the land claimed as a vacancy adjoins Block 143, therefore, no vacancy.

Frost does not agree with the Court of Civil Appeals that “the parties are in agreement that there are no material and controlling facts which are in dispute; that the determination of the appeal is based…