FOSTER v. DUVAL COUNTY RANCH CO.

No. 12516.

260 S.W.2d 103 (1953)

FOSTER et al. v. DUVAL COUNTY RANCH CO. et al.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied June 17, 1953.


Attorney(s) appearing for the Case

Dilworth & McKay, San Antonio, for appellants.

Otis Meredith, Houston, Perkins, Floyd & Davis, Alice, Earl A. Brown and C. B. Wallace, Dallas, William S. Clarke, Houston, for appellees.


POPE, Justice.

This is a non-jury trespass to try title suit and concerns a boundary question wherein the trial court awarded appellees certain lands inside their fence but outside of and adjoining their surveys. The lands were excess lands, included within the boundaries of appellants' survey but outside their fence. The case presents the questions, whether excess lands may be acquired by agreed boundary, acquiescence, estoppel or limitations; and, if so, whether...

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