McCURDY v. MORGAN

No. 12626.

265 S.W.2d 269 (1954)

McCURDY et al. v. MORGAN et al.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied March 3, 1954.


Attorney(s) appearing for the Case

Black & Stayton, John Ben Shepperd, Jesse P. Luton, Jr., Alvis Vandygriff, J. Arthur Sandlin, Austin, for appellants.

Graves, Dougherty & Greenhill, Austin, Kleberg, Mobley, Lockett & Weil, David M. Coover, Corpus Christi, W. B. Moss, Sinton, for appellees.


NORVELL, Justice.

This case concerns a dispute of title between the successors of John Pollan, who in 1834 received a grant embracing within its limits a portion of the bed of a nonperennial stream (Chiltipin Creek) from the executive authority of the Mexican State of Coahuila and Texas, and those claiming under an oil and gas lease (covering the creek bed) executed in 1951 by the Land Commissioner of the State of Texas. The controlling question is whether title to...

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