Shelton v. Phillips
Court of Appeals of Texas
Appeal from District Court, Hunt County; A. P. Dohoney, Judge. Suit by J. W. Shelton against F. J. Phillips and others. Judgment for defendants, and plaintiff appeals. Louis Andrews, owner of the land, divided it into lots and blocks, and platted it as an addition to the city of Greenville.
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Appeal from District Court, Hunt County; A. P. Dohoney, Judge. Suit by J. W. Shelton against F. J. Phillips and others. Judgment for defendants, and plaintiff appeals. Louis Andrews, owner of the land, divided it into lots and blocks, and platted it as an addition to the city of Greenville. The ap-pellee Phillips owns all the lots in block 3 except lots 5 and 6. Appellant owns lot 5, located in the southeast end of block 3. The appellee began the erection on lot 1, located in the northwest end of block 3, a brick residence, with concrete foundation and basement, to cost about $25,000. The…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The following “conclusion of law” was made by the trial court:
“From the facts found herein, and from the facts recited in the judgment, the court is of the opinion that the plaintiff is not entitled to recover, and accordingly enters judgment for the defendant.”
Appellant’s third assignment of error assails the conclusion of the court upon the ground that, there being in fact an encroachment upon the alleyway, appellant, as a purchaser of the lot adjoining the alley, has such an interest in the unobstructed use of the way, in the nature of an appurtenance to…
2Cases cited10 opinions
- F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
- Oswald v. GrenetTexas Supreme Court · 1858
- Smith v. McDowellIllinois Supreme Court · 1893
- City of San Antonio v. StrumbergTexas Supreme Court · 1888
- Wolf v. BrassTexas Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Seelbach v. Clubb, Texas Court of Appeals, 6th District (Texarkana)1999
- Burrow v. DavisCourt of Appeals of Texas · 1949
- Whitis v. PenryCourt of Appeals of Texas · 1927
- Williams v. FloresCourt of Appeals of Texas · 1927
- Sigel v. Buccaneer Hotel Co.Court of Appeals of Texas · 1931
1 more not listed; retrieve them via the Exa API.