Giddings v. Winfree

• Court: Texas Court of Appeals
• Writing for the Court: Pleasants
• Citation: Giddings v. Winfree, 73 S.W. 1066, 32 Tex.Civ.App. 99 (Tex. App. 1903)
• Decision Date: 01 April 1903
• Parties: GIDDINGS v. WINFREE.<SMALL><SUP>*</SUP></SMALL>

73 S.W. 1066

GIDDINGS v. WINFREE.^*

Court of Civil Appeals of Texas.

April 1, 1903.

Appeal from District Court, Chambers County; L. B. Hightower, Judge.

Action by George H. Giddings against E. H. Winfree. Judgment for defendant, and plaintiff appeals. Reversed.

H. E. Marshall and E. B. Pickett, Jr., for appellant. Jackson & Hightower, for appellee.

PLEASANTS, J.

This is an action of trespass to try title, brought by appellant against appellee for a tract of 70 acres of land, a part of the William D. Smith one-fourth survey in Chambers county. The defendant disclaimed as to a portion of the land sued for, and as to the remainder pleaded not guilty and the statutes of limitation of three and five years. The trial in the court below without a jury resulted in a judgment in favor of the plaintiff for that portion of the land to which the defendant disclaimed, and in favor of defendant for the portion claimed by him under his pleas of limitation. The facts are undisputed, and are succinctly stated as follows: Plaintiff has a regular chain of title from the sovereignty of the soil to the 70 acres of land sued for. This land is a part of the William D. Smith one-fourth league survey. The Smith survey was located in 1835, and its boundaries are known and established. The defendant is the owner of the Thomas M. Blake survey, which was surveyed and patented in 1879. The field notes in the patent describe the Blake survey as follows: "Beginning at the S. E. corner of the Wm. D. Smith survey on the north line of Wm. Bloodgood league, stake in prairie; thence N., 79½ E., on N. line of Bloodgood 525 varas to corner of Henry Griffith league, cedar stake; thence N., 31 W., with W. line of Griffith, 1,493 vrs., to intersection of the E. line of said W. D. Smith survey with the W. line of the Griffith; thence S., 10½ E., with E. line of W. D. Smith, 1,400 vrs., to the beginning. Surveyed May 21, 1879." All of the deeds under which appellee holds title to the Blake survey copy the description of the land contained in the patent. There has never been any actual possession by plaintiff, or those under whom he claims, of any portion of the 70 acres of land claimed by him. The Blake survey, as actually located upon the ground, included a portion of the land claimed by plaintiff, and also a portion of the Smith survey lying west of and adjoining plaintiff's land. Defendant, in the spring of 1892, put improvements upon that portion of the Blake survey as the same was...