Wright v. Bell

• Decision Date: 20 June 1901
• Citation: 63 S.W. 623
• Parties: WRIGHT v. BELL.
• Court: Texas Supreme Court

63 S.W. 623

WRIGHT v.BELL.

Supreme Court of Texas.

June 20, 1901.

Error from court of civil appeals of First supreme judicial district.

Action by Josie Bell against C. J. Wright.From a judgment of the court of civil appeals (59 S. W. 615, 60 S. W. 873, and63 S. W. 159) reversing a judgment for defendant, defendant brings error.Dismissed.

J. R. Masterson and Ingham S. Roberts, for plaintiff in error.Edgar Watkins and Frank C. Jones, for defendant in error.

GAINES, C. J.

We are of opinion that the writ of error in this case was improvidently granted, and that it should be dismissed for the want of jurisdiction.The defendant in error sold and conveyed to the plaintiff in error the north one-half of lots 9 and 10 in a certain block in the city of Houston.The description in the deed called for the streets upon which the half lots conveyed abutted.The suit grew out of the fact that there was a dispute as to the true location of the south boundary line of the street which lies north of them.The lots had been inclosed for a number of years, and the defendant in error claimed that her fence was the true line of the street.On the other hand, it was contended by plaintiff in error that the line of the street, as originally dedicated, was a few feet south of the line upon which the fence stood at the time of the conveyance.If the latter was the true line of the street, and hence the north boundary of the half lots conveyed, then the dividing line between the north one-half and the south...