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RUDDER v. PONDER

No. A-5192.

293 S.W.2d 736 (1956)

J. Earl RUDDER et al., Petitioners, v. Russell S. PONDER et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 24, 1956.

Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen. of Texas, John Milton Richardson, Asst. Atty. Gen., for petitioners.

Russell S. Ponder, San Antonio, J. W. Timmins, Martin A. Row, Edwin M. Cage, Dallas, for Sun Oil Co.

Kelso, Locke & King, San Antonio, for Taft Properties, Inc.

Wood & Pratt, Corpus Christi, Weldon Cabiness, Rockport, for Glenn & J. D. Derrough.

Remy, Burns, Schiller & Lagerquist, San Antonio, for Henry B. Dielmann.

GRIFFIN, Justice.

This is a suit to establish a vacancy along the Gulf Coast. The land in suit lies on Copano Bay in Aransas County, Texas. The respondents claim the proper boundary of the privately owned land on shore is the common law boundary along the contour line of 0.4 feet above sea level. The State, acting through Land Commissioner, J. Earl Rudder, et al., claims the true boundary line should be in accordance with Spanish and Mexican law. This point is 1.1...

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