Kirby Lumber Corporation Et Al. v. Earl Lindsey Et Al‪.‬

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 Kirbys 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 which is owned by plaintiffs. Defendants are the record owners of the eastern portion of junior E.T.R.R. Co. Survey No. 2, which adjoins Liberty 9 on the west. The jury found that the west line of Liberty 9 was located on the ground by the original surveyor as contended by defendants, and judgment was rendered in favor of defendants on their cross-action for title to and possession of the 68.38 acres. The Court of Civil Appeals affirmed. 431 S.W.2d 790. We reverse.