Miles v. Sherwood
Decision Date | 03 May 1892 |
Citation | 19 S.W. 853 |
Court | Texas Supreme Court |
Parties | MILES v. SHERWOOD <I>et al.</I> |
Scott & Jenkins, for appellant.
The appellant, Jonathan Miles, brought this action of trespass to try title to the land described in the petition against A. Sherwood and others in the district court of Tom Green county. The only question involved is one of boundary. The following sketch, which was in evidence, will show the location of the land in controversy, and its situation with reference to surrounding surveys:
NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE
The cause was tried by the court without a jury, and the court found for defendant, and that there was no conflict as claimed by plaintiff. The plaintiff, (appellant,) it was admitted, owned survey No. 322, and the defendants No. 324. The field notes of the surveys delineated on the foregoing sketch were introduced in evidence. It was also admitted that surveys Nos. 187 and 188 were on the opposite side of the North Concho river from surveys Nos. 321, 322, 323, and 324; and that all of said surveys were made about the same time, by the same surveyor, — that of 324 bearing date April 10, 1853, and the others April 11, 1853. It was also further admitted that the questions at issue were: (1) Is there a conflict between surveys 322 and 324? (2) If there is, does the same belong to plaintiff or defendants? The land delineated on the accompanying sketch, as inclosed between the letters A, B, C, and D, is the land in controversy.
W. G. Taylor, a witness, testified that the foregoing sketch was correct. That he was a practical surveyor. Had surveyed the tracts before mentioned. Found the upper and lower corners of surveys 322, 323, and 324 on the ground as called for. These are the river corners. There are no marked lines or back corners. The upper corner of 323 and lower corner of 322 is the same, and the upper corner of 324 and lower corner of 322 is a common corner. The river corners of the surveys Nos. 187 and 188 he located by the bearing trees called for in the field notes, and found on the ground. The lines and back corners of these surveys are not marked on the ground. He testified that, to begin at the upper corner of survey 322 and run the course and distance called for, it would include the land in litigation, but the lower line of that survey would be about 1,000 varas longer than called for in the field notes. If the lower corner of this survey was taken as the starting point, and the course and distance run out, it would not include the land sued for, as the east back line of 322 would constitute the west line of 324. The lower line of 322 and upper line of 323 is a common line. If the line be run from the lower corner of 322, as above indicated, the upper line of 322 will be about 1,000 varas shorter than called for in the field notes. By running it out from its upper corner, it will contain 400 acres, instead of 320 acres. If the lower corner is taken as the beginning corner, and the line is run as stated by course and distance, as called for, there will be 280 acres in the survey. There was evidence to the effect...
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Howland v. Hough
...to ascertain the true lines and form a closure, since no greater dignity is accorded to the first call than the last. Miles v. Sherwood, 84 Tex. 485, 19 S.W. 853 (1892); Ayers v. Lancaster, 64 Tex. 305 (1885); Sweats v. Southern Pine Lumber Co., 361 S.W.2d 214 (Tex.Civ.App. Houston 1962, wr......
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...corner in the plat or certificate of the survey is of no higher dignity or importance than any other corner. Miles v. Sherwood, 84 Tex. 485, 489, 19 S.W. 853, 854 (1892). Finally, appellants argue that the case of Norris v. Plemmons, 596 S.W.2d 678 (Tex.Civ.App.1980, no writ), precludes sum......
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...on the ground. Phillips v. Ayres, 45 Tex. 607; Davis v. Smith, 61 Tex. 21; Scott v. Pettigrew, 72 Tex. 329, 12 S. W. 161; Miles v. Sherwood, 84 Tex. 489, 19 S. W. 853. It follows, therefore, from these authorities, as contended by appellees' counsel, that the call for the cottonwood corner ......
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Humble Oil & Refining Co. v. Ellison, 1782-7292.
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