Texas Supreme Court

Robert Hejl v. Anna K. Wirth

January 25, 1961161 Tex. 609

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the final call in the Hodge‑Miller deed must be run as a straight line, not as a meander line following Big Bear Creek, because the deed’s language shows an intent to limit the boundary to a straight line. The Court also held that the presumption that a conveyance to a stream conveys the stream’s thread is rebuttable and does not apply here. Justice Calvert, concurring, agreed with the judgment but criticized the majority’s adoption of the Lovingston rule.