No. 7276.

343 S.W.2d 746 (1960)

Robert CARGILL, Appellant, v. S. T. BUIE et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied January 24, 1961.

Attorney(s) appearing for the Case

Fulton, Hancock & McClain, Gilmer, Smead & Harbour, Longview, for appellant.

Jones, Brian & Jones, Marshall, Welby K. Parish, Gilmer, for appellees.

CHADICK, Chief Justice.

This is an appeal from an order granting a temporary injunction. The decree is affirmed.

On March 2, 1929, W. M. Squires and wife deeded S. T. Buie a tract of land in the E. Martin Survey of Upshur County. Following execution of the deed Squires surrendered possession to Buie of a fence enclosed tract which a survey in 1932 showed to contain 215 acres. The 1932 survey located within the enclosure 8.83 acres of the right-of-way of Port...


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