McArthur v. Henry
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. B. F. Carter. The report of this case should be read in connection with the subsequent ruling in it, reported in 34 Texas, 143; from which it will be seen that a motion for a rehearing was made, which, at the second subsequent term of this court, was dismissed upon grounds not involving the merits of the original opinion, now reported.
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Appeal from Travis. Tried below before the Hon. B. F. Carter. The report of this case should be read in connection with the subsequent ruling in it, reported in 34 Texas, 143; from which it will be seen that a motion for a rehearing was made, which, at the second subsequent term of this court, was dismissed upon grounds not involving the merits of the original opinion, now reported. At the time the report of the case for 34th Texas was prepared, the original opinion did not reach the hands of the Reporter; if it had, it would have been then reported in connection with the disposition of the…
1Opinion of the CourtCaldwell, J.
We think it well settled upon principle and authority, that a parol agreement or long acquiescence in a boundary line should not be disturbed. *816These settlements of disputed, conflicting, or doubtful boundaries should be encouraged by the courts as a means of suppressing spiteful and vexatious litigation, and thus banishing from peaceful communities a fruitful source of discord. “Convenience, policy, necessity, justice—all unite in sustaining such an amicable agreement.” (Brown v. Caldwell, 10 Serg. and R., 114). As observed by Judge Wheeler in George v. Thomas, 16 Texas, 89, “It is beneficial…
2Cases cited5 opinions
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- George v. ThomasTexas Supreme Court · 1856
- Houston v. SneedTexas Supreme Court · 1855
- Dibble v. RogersNew York Supreme Court · 1835
- Chew v. MortonSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- Cooper v. AustinTexas Supreme Court · 1883
- Pickett v. NelsonWisconsin Supreme Court · 1888
- Sobol v. GulinsonSupreme Court of Colorado · 1933
- Union Township of Dunklin County v. Cotton Hill Township of Dunklin CountySupreme Court of Missouri · 1922