Rudder v. Ponder

In Rudder v. Ponder, 156 Tex. 185, 293 S.W.2d 736, 741 (Tex. 1956), the landowners claimed that the proper boundary of the privately-owned land or shore along the Gulf Coast in Copano Bay in Aransas County, Texas, was the common-law boundary along the contour line of four feet above sea level. The State countered that in accordance with Spanish and Mexican law, the true boundary line was 1.1 feet above sea level. In affirming the court of appeals' decision in favor of the landowners, this Court held that when the Republic of Texas adopted the common law of England on January 20, 1840, it adopted the common law as to the boundary of the sea. Rudder, 293 S.W.2d at 741. This boundary was at the mean high tide line. Id.