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Billie and Carolyn Buckingham and v. Josh Mcafee and Shawn Scholl

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DISSENTING OPINION

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

The underlying dispute in this appeal involves title to the riverbed of the North Fork of the Red River as it meanders through Section Ninety Three (93), Block Thirteen (13) of the H&GN RR Co. survey in Wheeler County, Texas. The majority finds the trial court did not err in declaring, via a declaratory judgment entered pursuant to Chapter 37 of the Texas Civil Practices and Remedies Code, that Appellants do not own the disputed riverbed. I respectfully disagree. The majority further finds that Appellants waived the right to complain about the use of a declaratory judgment proceeding as a means of adjudicating title. To the extent that the majority opinion can be read as holding that a declaratory judgment proceeding can be used as a vehicle to adjudicate title to real property, I respectfully dissent.

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