Owen J. Roberts

“ The disputed territory is low alluvial land subject to overflow at times of high water, and is not protected by levees or dikes. Upon portions of it cottonwood and willow timber has grown. The land is not fitted for cultivation or settlement except in a haphazard way. It took its name from the Newman family, and was known as the 'Newman Towhead.' After the avulsion of 1912-13 severed a large portion of it from the Louisiana shore, the successors in title of the Newmans leased the cut-off portion of it, lying to the eastward of the new channel, to one Towns. ”

“ Mindful of the fact that the special master did not see and hear the witnesses, we have felt it incumbent upon us to study the proofs, documentary and oral, to examine the deductions made therefrom, and thereby to test the stated conclusions. ”

“ He has filed his report, recommending a decree in accordance with the contentions of the complainant. The respondent has filed exceptions.
The parties are in agreement as to the applicable legal principles. The exceptions raise no questions of law, but go solely to the correctness of the master's fact findings and conclusions. We have therefore examined the proofs, consisting of documentary evidence and oral testimony, to determine whether the master's findings are in accord therewith. ”