Tolliver

This is an action in ejectment involving certain real property lying between the Colorado River on the east and the plaintiff’s patented homestead on the west.

By his complaint, the plaintiff alleges that he is the owner of, possessed of, and entitled to the possession of the subject property. Admittedly he is not the owner. The plaintiff testified that when he entered upon his homestead in 1928 the land in question was covered by the river, which since has receded ; that he built a road upon this land and moved a trailer onto it in 1951; that he cleared the brush from, plowed and planted the land to cotton in 1952; that immediately thereafter the cotton was drowned out by a rise in the river; that he never again attempted to farm the land; that in 1953 he went down to the property twice and camped there for two or three days; and that in 1954 and 1955 he believed he camped on the riverbank and fished a little bit. Several witnesses testified that they had been in the area a number of times during the period in question for various reasons, i.e., fishing, hunting, trapping and in the course of a criminal investigation, and that they never saw any farming on the subject property…