Oliver Wendell Holmes, Jr.

“ The ground in which the Court ruled as it did and refused requests of the petitioners was stated by it to be that the water front on Nueces Bay was not 'such a barrier as would put in motion the statutes of limitation.' This ruling was in deference to Hyde v. McFaddin, 140 Fed. 433, 442, 72 C. C. A. 655. But that case was decided on peculiar circumstances, and we do not think an extensive citation from the Texas decisions necessary to show that when the other elements of adverse occupation are present, deep water upon one side of a parallelogram is as good a barrier as a fence. ”

“ A plausible argument can be made that the working of the Act of 1870 and other pertinent facts and statutes which we do not recite was to give to the land warrant the validity and effect that it would have had if lawfully executed in General Houston's life. ”