Home/Court of Appeals of Texas/Giddens v. Williams

Giddens v. Williams

265 S.W.2d 187, 1954 Tex. App. LEXIS 1926
CourtCourt of Appeals of Texas
DecidedJanuary 21, 1954
Docket6709
StatusPublished

This text of 265 S.W.2d 187 (Giddens v. Williams) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Giddens v. Williams, 265 S.W.2d 187, 1954 Tex. App. LEXIS 1926 (Tex. Ct. App. 1954).

Opinion

HALL, Chief Justice.

This is an action in trespass to try .title brought by appellant against appellees for title and possession of an 80-acre tract of land, a part of the Texas & Pacific Railway Certificate %is, located in Red River County, Texas, and known as T & P Ry. Sec. 16. Appellant’s claim is to 80 acres of the Southern part of Section 16, its southern boundary calling for the north line of Section 17. Appellees answered alleging that their land was contiguous to appellant’s 80 acres in the south part of Section 16, and being the north part of Section 17. T & P Ry. Section 17 lies immediately south of T & P Ry. Section 16. They have a common boundary. The suit, then, in reality involves the boundary line separating Sections 16 and 17. Trial was to the court and resulted in judgment for appellees.

Appellant by points 1, 2 and 4, asserts that since there is a conflict between Section 16 and Section 17 with respect to the location of the land in question, and since Section 16 is the senior survey, Section 17 must yield to it.

The facts show that Section 16 was originally surveyed and located August 6, 1875, and Section 17 was surveyed and located October 26, 1875. The facts also show that Section 16 was resurveyed on November 19, 1878, more than three years after Section 17 was originally surveyed and located. And on July 25, 1905, Section 16 was again resurveyed. In all three of these surveys the north line of Section 17 is called for as the south line of Section 16. In the survey of Section 16, on August 6, 1875, the field notes were denominated “Corrected Field Notes” and called for 114 acres of land. The field notes, of the November 19, 1878, survey were changed on the north by lengthening its east and west lines, and called for 179 acres of land. Another survey of Section 16 was made in January, 1905, calling for 87 acres of land and for the south line of the Graves Survey as its north line, but as in all other surveys of this section, called for line A-B, the north line of Section 17 as its south boundary. Section 17 is Railroad Scrip land and Section 16 is Texas Public School land.

The following map of Sections 16 and 17, with surrounding surveys and the land in controversy, is attached hereto:

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Bluebook (online)
265 S.W.2d 187, 1954 Tex. App. LEXIS 1926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giddens-v-williams-texapp-1954.