Opinion

State of Texas v. Balli

  • 144 Tex. 195
  • 190 S.W.2d 71
  • 1944 Tex. LEXIS 140
Court
Texas Supreme Court
Filed
Dec 20, 1944
Status
Published
On the bench
Alexander, Simpson, Slatton
Cited by
68 cases
Authority
More cited than 1.8%

recognizing the “ancient maxim that seashore is common property and never passes to private hands”

How later courts described this case

  • recognizing the “ancient maxim that seashore is common property and never passes to private hands”
  • concluding that accretion by the sea was governed by same rules as accretion by rivers
  • “On January 19, 1830, Juan Jose Balli . . . conveyed to Santiago Morales his original one-half of Padre Island, together with one-half league more that he had acquired by inheritance from his uncle, the Priest Nicolas Balli.”

Written by the judges who cited it.

The opinion

I am in agreement with Associate Justice Sharp's views, expressed in his dissent, to the effect that the footsteps of the original surveyor, de la Fuente, can be traced. The title extended by the State of Tamaulipas to the Ballis is no doubt a valid one and should be sustained. But I conclude it was not intended to cede to the Ballis an entire island but only the pasture land on it. This land was surveyed while the title was in the process of being extended; plats showing the results of this survey are in the record; and under established principles, the footsteps of the original surveyor should be followed and the title upheld within the boundaries of his survey. Clark v. Hills, 67 Tex. 141 , 2 S.W. 356 ; Corrigan v. State, 42 Texas Civ. App. 171[ 42 Tex. Civ. App. 171 ], 94 S.W. 95 , affirmed 94 S.W. 101 ; Sullivan v. State, 41 Texas Civ. App. 89[ 41 Tex. Civ. App. 89 ], 95 S.W. 645 , affirmed 207 U.S. 416 , 28 S.Ct. 215 , 52 L.Ed. 274 .

I concur with the view of the majority on the law of accretions.

Opinion delivered November 7, 1945.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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