Atkins v. Goode

• Decision Date: 24 June 1890
• Citation: 14 S.W. 243
• Parties: ATKINS v. GOODE <I>et al.</I>
• Court: Texas Supreme Court

14 S.W. 243

ATKINS v. GOODE et al.

Supreme Court of Texas.

June 24, 1890.

Commissioners' decision. Appeal from district court, Bell county.

Harris & Saunders, for appellant. Roseborough Bros. and W. S. Holman, for appellees.

ACKER, J.

Joseph Atkins brought this suit against Mary Goode, M. W. Damron, and J. H. Aikin to recover certain lands described in the petition, and alleged to be part of the Joseph Atkins league. The defendants disclaimed as to all of the land sued for, except so much thereof as was included within the Madrigal and Holman surveys. The parties entered into an agreement to the effect that the plaintiff had title to the Atkins league, and that the defendants had title to the lands they claimed out of the Madrigal and Holman surveys; that the Atkins was an older survey than the Madrigal or Holman survey, and that plaintiff was entitled to recover if the land in controversy was included within the bounds of the Atkins league; otherwise not. In other words, the sole issue in the case was as to the true locality of the west boundary line of the Joseph Atkins league. The Atkins league was surveyed February 4,1840, and is situated between the Reynolds, or Manchaca, survey on the east, and a survey of five leagues made for S. C. Robertson in February, 1835, on the west. The field-notes of the Atkins call to join both of these surveys, and to cover the land between them. The south-east corner of the Robertson survey was clearly identified by the marked bearing trees called for in the field-notes, which were standing at the time of the trial; and a well-marked line running north from this corner, 19 deg. west, as called for in the field-notes, for two or three thousand varas, as far as there was any timber, was identified as the east boundary line of the Robertson five-leagues survey, so run and marked by the original surveyor. The Robertson five-leagues survey was abandoned, and the Madrigal league was located in December, 1848, on the ground covered by the east league, or league No. 1, of the Robertson five-leagues survey, having the same southeast corner as the Robertson five-leagues survey. The Holman survey is situated just south of and adjoining the Madrigal survey, the south-east corner of the Madrigal being the north-west corner of the Holman. The Aaron Cullins survey, situated just north of and adjoining the Atkins survey, was surveyed the same day the Atkins was, and by the same surveyor, and, like the Atkins, its field-notes...