Cities Service Oil Co. v. Dunlap

Fifth Circuit

Cities Service Oil Co. v. Dunlap

117 F.2d 31, 1941 U.S. App. LEXIS 4173

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 4, 1941

DocketNo. 8863

StatusPublished

Cited by3 cases

This text of 117 F.2d 31 (Cities Service Oil Co. v. Dunlap) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cities Service Oil Co. v. Dunlap, 117 F.2d 31, 1941 U.S. App. LEXIS 4173 (5th Cir. 1941).

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Opinion

PER CURIAM.

It is urged on motion for rehearing that the description we have construed and applied refers to another fixed object, towit “W. H. Rogers’ line.” . We did not and do not so regard it for his line was originated in and is a part of this very partition survey. It did not exist before, and cannot be considered a controlling monument.

Touching the presumed inclusion in a conveyance of a strip of land devoted to a road, we are referred to the case of Cantley v. Gulf Production Co., Tex.Sup., 143 S.W.2d 912. The deed there construed expressly referred to the road, and to the partition decree and map which clearly showed it, though it was never opened. The court held that the servient fee in the strip was annexed to the abutting lots, and a conveyance of them carried the strip. We rest the present decision on the point that there is in this case no mention of a road in any of the title papers, and there was no abutting road in fact.

Motion denied.

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PER CURIAM.

It is urged on motion for rehearing that the description we have construed and applied refers to another fixed object, towit “W. H. Rogers’ line.” . We did not and do not so regard it for his line was originated in and is a part of this very partition survey. It did not exist before, and cannot be considered a controlling monument.

Touching the presumed inclusion in a conveyance of a strip of land devoted to a road, we are referred to the case of Cantley v. Gulf Production Co., Tex.Sup., 143 S.W.2d 912. The deed there construed expressly referred to the road, and to the partition decree and map which clearly showed it, though it was never opened. The court held that the servient fee in the strip was annexed to the abutting lots, and a conveyance of them carried the strip. We rest the present decision on the point that there is in this case no mention of a road in any of the title papers, and there was no abutting road in fact.

Motion denied.

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117 F.2d 31, 1941 U.S. App. LEXIS 4173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cities-service-oil-co-v-dunlap-ca5-1941.

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