Coleman v. Thurmond
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. H. Clay Pleasants. This case involves the question whether the statute of limitation will run against a town or county in favor of one who holds or claims a public street adversely.
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Appeal from Victoria. Tried below before the Hon. H. Clay Pleasants. This case involves the question whether the statute of limitation will run against a town or county in favor of one who holds or claims a public street adversely. The testimony shows that four leagues of land were originally conceded to Martin De Leon for the foundation of the town of Guadalupe de Victoria, with power in the town council to sell any portion of the same and appropriate the proceeds thereof to the erection of certain public buildings. Subsequently, December 10, 1841, it was enacted by the congress of the…
1Opinion of the Court
Bonner, Associate Justice.
The first question presented for our decision involves that of the jurisdiction of the district court to control the proceedings of the commissioners’ court in the matter of the regulation of the street in controversy.
The proceedings on the part of the commissioners’ court was not, in the first instance, to condemn the land for the street, but to have it opened under the original dedication and survey of the town.
Appellee Thurmond claims that the title had vested in him. Hence the suit involved the title to land, and this gave the district court jurisdiction. Const.…
2Cases cited1 opinion
- Mayor of Galveston v. MenardTexas Supreme Court · 1859
3Cited by18 opinions
- Robbins v. Limestone CountyTexas Supreme Court · 1925
- Delta County v. BlackburnTexas Supreme Court · 1906
- Ralston v. Town of WestonWest Virginia Supreme Court · 1899
- Bitter v. County.Texas Commission of Appeals · 1928
- West v. City of WacoTexas Supreme Court · 1927
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