Texas Attorney General Opinion: O-5915 Page: 2 of 7
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. Wm. J. Tucker - page 2
We have given this brief very careful study, and have
considered it while writing this opinion. While our discussion
of some of the points raised will be brief, we have neverthe-
less given them serious consideration.
Briefly, the following points were raised in this brief,
and all are relevant to your opinion request:
1'. The statutes referred to in the case of Welder v.
State, 196 S. W. 868, did not prohibit the Commissioner of the
General Land Office from selling Green Lake.
2. If the sale was prohibited in that Green Lake was
reserved from sale, then the sale vas validated by the sub-
sequent enactment of the "Small Bill" (Art. 5414a, V.A.C.S.)
3. That subsection 4 of Article 5329, V.A.C.S. when
applied to this sale would be a bar to recovery in the event
of suit by the State.
Generally and in connection with all the questions
presented, we review the case of Welder v. State, supra, as
we consider that case authority on most of the issues invol-
ved here.
In that case the owners of the surveys bordering on
Green Lake contended their boundary lines extended to the cen-
ter of the lake. The State in order to determine the owner-
ship of the lake brought suit in trespass to try title against
the adverse claimants. Upon a trial in Travis County, judg-
ment was rendered in favor of the State. Upon appeal the
findings of fact filed by the trial court were adopted by the
Court of Civil Appeals. That part of the findings of fact
considered relevant here are set out below:
"'1. Green Lake, the subject of controversy
in this case, is an inland fresh water lake, sit-
uated in Calhoun County, Tex., about 24 miles from
Guadalupe river, and is situated in the valley of
the Guadalupe river, the eastern portion of said
lake bordering upon the foothills which mark the
beginning of the upland. The lake is shallow at the
margin, gradually becoming deeper for a distance
of a few hundred feet where it attains its maximum
depth, the remainder of the bottom of the lake
being parctically level and the water being of an
average depth at the ordinary water stage of about
4 feet. On occasions of any considerable overflow
of the Guadalupe river ( which occur not infrequent-
ly) the lake is filled by the flood waters of the0-5915
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5915, text, September 21, 1944; (https://texashistory.unt.edu/ark:/67531/metapth263193/m1/2/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.