KIRBY LUMBER CORPORATION v. LINDSEY

No. B-1206.

455 S.W.2d 733 (1970)

KIRBY LUMBER CORPORATION et al., Petitioners, v. Earl LINDSEY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 22, 1970.


Attorney(s) appearing for the Case

Walter B. Morgan, Fountain, Cox & Gaines, Joe G. Roady, and Joyce Cox, Houston, for petitioners.

John T. Lindsey, Port Arthur, R. E. Biggs, Liberty, for respondents.


WALKER, Justice.

Kirby Lumber Corporation sued Earl Lindsey et al in trespass to try title to recover 68.38 acres of land in Tyler County. Humble Oil & Refining Company was named as a defendant but adopted Kirby's pleadings and will be referred to as a plaintiff. Aside from a question of limitation that will be discussed later, the rights of the parties turn on the location of the west line of senior Liberty County School Land Survey No. 9, the record title to...

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