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Sweats v. Southern Pine Lumber Company

361 S.W.2d 214, 1962 Tex. App. LEXIS 1857
CourtCourt of Appeals of Texas
DecidedOctober 4, 1962
Docket13918
StatusPublished
Cited by6 cases

This text of 361 S.W.2d 214 (Sweats v. Southern Pine Lumber Company) 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
Sweats v. Southern Pine Lumber Company, 361 S.W.2d 214, 1962 Tex. App. LEXIS 1857 (Tex. Ct. App. 1962).

Opinion

BELL, Chief Justice.

This suit involves the correct location of the north line of the James Rust Survey in Trinity County. That line will also be the middle south line of the George Wilson Survey because the call in the Wilson field notes is for the north line of the Rust. The Rust is the senior survey. The trial court, sitting without a jury, found the north line of the Rust to be as contended for by appel-lee, that is, it followed the meanders of the cutoff of Piney Creek. This meant that the appellant Payne had cut timber on a tract of about 15 acres which lay in the Wilson Survey which belonged to appellee. Judgment was rendered awarding title to the tract to appellee and it also awarded damages for the value of the timber cut.

As an aid to understanding the opinion we attach hereto a drawing that we have made. *217 The number 175 represents the undisputed northeast corner of the Rust Survey on Piney Creek. The letter M represents the point at which Piney Creek forks. The south fork, or cutoff, of Piney Creek meanders as shown on the drawing. Piney Creek, or the north fork, meanders from M through E, Y and D-l. The area M, E, 176 (the area with diagonal lines) represents the acreage awarded appellee after the trial court found the north line of the Rust to be the cutoff of Piney Creek. Appellee had contended such line was either as the court found or the straight line from 176 to A. S, 175 represents the east line of the Rust. R, B represents the east line of the Ware. A, R represents the west line of the Rust which corresponds with the east line of the Ware. C, D represents the east line of the Evans and a part of the west line of the Wilson. D, T represents the east line of the Gregory and part of the west line of the Wilson.

*216

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Bluebook (online)
361 S.W.2d 214, 1962 Tex. App. LEXIS 1857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweats-v-southern-pine-lumber-company-texapp-1962.