Provident Nat. Bank of Waco v. Webb

• Decision Date: 18 April 1906
• Citation: 95 S.W. 716
• Parties: PROVIDENT NAT. BANK OF WACO v. WEBB.<SMALL><SUP>*</SUP></SMALL>
• Court: Texas Court of Appeals

95 S.W. 716

PROVIDENT NAT. BANK OF WACO v. WEBB.^*

Court of Civil Appeals of Texas.

April 18, 1906.

Rehearing Denied May 30, 1906.

Error from District Court, McLennan County; S. P. Ross, Special Judge.

Action by the Provident National Bank of Waco against J. H. Webb. There was judgment for defendant, and plaintiff brings error. Reversed and remanded.

J. R. Downs, for plaintiff in error. H. N. Atkinson, and Taylor & Gallagher, for defendant in error.

FISHER, C. J.

This is an action of trespass to try title by the plaintiff in error against the defendant in error to recover the land described in plaintiff's petition. The question involved is one of boundary. Verdict and judgment were in defendant's favor. The case was submitted to the jury on evidence as to the dividing line between the surveys, and on the following agreement:

"It was agreed in open court by and between the parties hereto, that the plaintiff is the owner of a tract of land out of the A. Mizell survey in McLennan county, Tex., described as follows: `Beginning at the southeast corner of the A. Mizell survey; thence N. 30° W., with the east line of the said Mizell survey, 1,715.4 varas, to a stake, southeast corner of a tract heretofore sold to J. H. Caufield; thence S. 60° W., 1,408.7 varas, to a stake, ell corner of the Caufield tract, for the N. W. corner of this; thence S. 30° E., 1,595 varas, to a stake in the south line of said Mizell; thence N. 60° E., 1,066.5 vrs., to the N. E. corner of the Clement Rainey 640-acre survey; thence S. 30° E., 94 vrs.; thence N. 60° E., 543.3 vrs., to place of beginning.' And that the defendant is the owner of a tract of land out of the Clement Rainey survey in said county, described as follows: `Beginning at the S. E. corner of the Clement Rainey 640-acre survey, from which an elm 12 inches in diameter bears S. 60° W., 27 vrs., a mesquite 18 inches in diameter bears N. 74° E., 18 vrs.; thence N. 30° W., 1,900 vrs., to a stake, from which an elm 12 inches in diameter bears N. 60° E., 15 vrs., a mesquite 8 inches in diameter bears S. 30° W., 100 vrs.; thence S. 60° W., to a stake in the N. W. line of said survey, 297 vrs.; thence S. 30° E., 1,900 vrs., to a stake on the S. E. line of said survey; thence N. 60° E., 297 vrs., to beginning.'

"It was further agreed that the only question in the case is the true location of the boundary line between the A. Mizell and the Clement Rainey. The field notes of said survey being as follows: Clement Rainey: `Beginning at the west corner stake of section 19, which is also the S. E. corner of a survey in the name of A. W. Ridgeway, a burr oak 12 inches in diameter bears N. 50° W., 1 vr., a hackberry 12 inches in diameter bears N. 82° E., 19 vrs.; thence N. 60° E., 1,900 vrs., with the N. W. line of said section to...