Goodrich v. West Lumber Co.

182 S.W. 341, 1915 Tex. App. LEXIS 1291
CourtCourt of Appeals of Texas
DecidedOctober 21, 1915
DocketNo. 13. [fn*]
StatusPublished
Cited by5 cases

This text of 182 S.W. 341 (Goodrich v. West Lumber Co.) 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
Goodrich v. West Lumber Co., 182 S.W. 341, 1915 Tex. App. LEXIS 1291 (Tex. Ct. App. 1915).

Opinions

BROOKE, J.

This is a suit in trespass to try title, filed on December 29, 1913, by Cornelia G. Goodrich, Mary W. Montgomery, Margaret M. Montgomery, .Edward L. Montgomery, Jr., Helen M. Krasicka, and Jeam Krasicka, as plaintiffs, against the West Lumber Company, P. R. Roe, J. W. Cochran & Co., J. W. Cochran, Alice Cochran, W. B. Cochran, and Arthur L. Blessing, as defendants. The suit was for the recovery of four leagues of land in Polk county, granted to Augustine Yiesca by the government of Coa-huila and Texas in 1833, and for the value of timber cut by defendants on a portion of said four leagues of land alleged to contain 2,027 acres, more or less. The land sued for is described as follows:

Situated in the county of Polk and said state of Texas, on the east bank of Trinity river, beginning on said bank of said river above the old Coashatta Indian village at pecan 14 inches in diameter, and it stands on a line 200 varas from the bank of the river Trinity, and is to the north 23 degrees east 3 varas from another pecan 18 inches in diameter, and to the north 62 degrees west 4y2 varas from a hackberry 24 inches diameter, and to the south 71 degrees west 1 vara from another hackberry 9 inches diameter, and also marked an elm 12 inches diameter, and it stands to the north 68 degrees west 100 varas from the above described corner, being the first landmark; thence north 43 degrees east 15,833 varas to a white oak 15 inches diameter, and it stands to the north 16 degrees west 4 varas from another white oak, and to the north 5 degrees east 3 varas from an ash 12 inches in diameter, and to the south 76 degrees east 9 varas from a white oak 15 inches diameter, being the second landmark; thence south 47 degrees east 7,500 varas to an oak 4 inches in diameter, being to the north 84 degrees east 11 varas from another oak 12 inches in diameter, and to the north 84 degrees west 10 varas from another oak 9 inches in diameter, being the third landmark; thence south 43 degrees west 10,830 varas to an ash 4 inches in diameter on the east margin of the aforesaid river, and it extends to the north 63 degrees west 7% varas from a sycamore 36 inches in diameter, and to the north 20 degrees 31 minutes west 16 varas distant from a sugar tree 14 inches in diameter, and to the north 21 degrees 30 minutes west at 24 varas distance from an elm 24 inches in diameter, and also stands to the north 68 degrees east 13 varas [342]*342from a sycamore 24 inches in diameter, being the north and last landmark of this survey; and thence following the meanders of the aforesaid river up to the beginning point, containing four leagues of land, or an area of 100,000,-000 square varas, and being part and parcel of eleven leagues of land granted to Augustine Viesca by the government of Ooahuila and Texas.

Upon the trial the plaintiffs in open court dismissed their suit as to the defendant Arthur L. Blessing. There was also filed the following agreement:

“It is agreed that this is a boundary case, involving the true location of the fines of what is known as the A. Viesca four-league grant, situated in Polk county, Tex. The plaintiffs assert no claim to any part of this grant lying west or southwest of the line described as follows: Beginning at the southeast corner of J. S. Garner league, in Polk county, Tex., the same being also the southeast corner of a 38-acre tract of land owned by the defendant West Lumber Company out of said Garner league; thence north 49 degrees west with the east fine of said Garner league 2,400 varas to the most northern corner of said Garner league; thence south 41 degrees west with the said Garner upper fine 385 varas to the southeast corner of a 100-aere survey owned by the defendant West Lumber Company, known as the G. D. Martin survey; thence north 47 degrees west, at 1,128 varas across the Livingston and Patrick Ferry road, 1,979 varas Tempe creek, 2,300 varas Tempe creek, about 5,093 varas in all, to a stake in which a red oak bears south 10 degrees west 3 varas, a pine stump 36 inches in diameter bears south 81 degrees east 4.3 varas marked X; thence south 43 degrees west 765 varas to the north corner of a 75-acre survey, made for Mrs. Sarah M. Smith, a stake from which a 16-inch sweet gum bears south 60 degrees west 9 varas, a pine 8 inches in diameter bears north 86 degrees east 10 varas; thence north 47 degrees west to the upper fine of said Viesca four-league grant, wherever the same may be located.
“The plaintiffs own all of said Viesca four-league grant, if any, lying east and north and northeast of the line above described. The defendants own all of said Viesca survey lying west or southwest of the above-described line. The defendants, in addition, own the following surveys, all of which is junior in point of location to the A. Viesca four-league grant, and defendants’ title to said surveys is junior to any part of said land found to be within the boundaries of A. Viesca four-league grant; said surveys of land being as follows: Geo. W. Miles, one-third of a league; D. W. Smith, one-third of a league; Wm. White, one-third of a league; W. G. Hicks survey of 640 acres, which survey contains 522% acres, patented to L. O. McMicken, assignee of Buffalo Bayou, Brazos & Colorado Railway Company; I. F. Haynes 160-acre survey, 316%. acres patented to L. S. McMicken, assignee of Buffalo Bayou, Brazos & Colorado Railway Company; survey of 68.43 acres patented to P. R. Rowe.
“This agreement is made without prejudice to the questions of limitation pleaded by the defendants, or any questions of warranty that may be involved in this ease.”

During the progress of the trial the following agreement was entered of record:

“It is agreed by and between the plaintiffs and defendants J. W. Cochran & Co., J. W. Cochran, W. B. Cochran, Alice Cochran, and P. R. Roe that judgment shall be entered in the above entitled and numbered cause that these defendants have judgment for the lands described in their respective answers, except the 50 acres in the most eastern corner of the Buffalo Bayou, Brazos & Colorado Railway Company survey of 316% acres, which 50 acres was conveyed by the defendants J. W. Cochran & Co., J. W. Cochran, W. B. Cochran, and Alice Cochran to Mrs. Emmeline D. Taylor and M. M. French by deed dated October 10, 1903, and which is of record in Volume 21, pages 522 to 524, of the Deed Records of Polk county, Tex., and it is further agreed that these defendants recover of plaintiffs all costs incurred by reason of their being made parties herein. This December 16, 1914.”

There was some controversy, real or apparent, as to the beginning corner of the four-league grant, and also apparent dispute as to the location of the first line called for in the grant, which was the north line, or northwest line, running from the river out to what is referred to in this record as the “holly comer.” All of the corner trees and bearing trees have disappeared. It was the contention of the plaintiffs that such corner trees and bearing trees should be presumed to have been located at the distances called for in the grant. The field notes of the original grant called for the north line running north 43 degrees east 15,833 varas from the pecan, which is a line and hearing tree at beginning corner, to a white oak 15 inches in diameter standing to the north 16 degrees west 4 varas from another white oak, and to the north 5 degrees east 3 varas from an ash 12 inches in diameter, and from a white oak to the south 76 degrees east 9 varas 15 inches in diameter, the second landmark.

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Related

West Lumber Co. v. Goodrich
223 S.W. 183 (Texas Supreme Court, 1920)
West Lumber Co. v. Goodrich
223 S.W. 183 (Texas Commission of Appeals, 1920)
W. T. Carter & Bro. v. Collins
192 S.W. 316 (Court of Appeals of Texas, 1916)
Goodrich v. West Lumber Co.
182 S.W. 341 (Court of Appeals of Texas, 1915)

Cite This Page — Counsel Stack

Bluebook (online)
182 S.W. 341, 1915 Tex. App. LEXIS 1291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodrich-v-west-lumber-co-texapp-1915.