CUNNINGHAM v. OTT

No. 12699.

564 S.W.2d 413 (1978)

Lillian B. CUNNINGHAM et al., Appellants, v. Henry OTT et al., Appellees.

Court of Civil Appeals of Texas, Austin.

March 15, 1978.


Attorney(s) appearing for the Case

James T. Odiorne, Bastrop, for appellants.

Robert E. Jenkins, Jr., Kershaw & Jenkins, Bastrop, for appellees.


PHILLIPS, Chief Justice.

The land in controversy is a narrow strip of varying width along a meandering, wet-weather creek. As shown by the stipulation of the parties, the land lies between the center line of the creek and an old fence on appellants' side of the creek. The parties also stipulated that the center line of the creek is the record boundary between their respective properties.

Suit was brought by appellees when appellants, who contend that they...

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