CITIES SERVICE OIL CO. v. DUNLAP

No. 8863.

117 F.2d 31 (1941)

CITIES SERVICE OIL CO. v. DUNLAP et al.

Circuit Court of Appeals, Fifth Circuit.

January 4, 1941.


Attorney(s) appearing for the Case

David B. Trammell and Clayton L. Orn, both of Fort Worth, Tex., for appellant.

Angus G. Wynne and William A. Wade, both of Longview, Tex., and Cecil N. Cook, of Houston, Tex., for appellees.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.


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...

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