Legal Opinion

Oswald v. Grenet

Texas Supreme Court

Decided July 1, 1855PublishedCited by 7 opinions

Appeal from Bexar. The deeds' described the lots sold, by reference to the plan as recorded in both the office of the Clerk of the County Court of Bexar County, and the office of the City Surveyor of the city of San Antonio. The books of the County Court were excluded ; but the City Surveyor was introduced as a witness, and produced the book of his office, in which the plan was recorded.

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Appeal from Bexar. The deeds' described the lots sold, by reference to the plan as recorded in both the office of the Clerk of the County Court of Bexar County, and the office of the City Surveyor of the city of San Antonio. The books of the County Court were excluded ; but the City Surveyor was introduced as a witness, and produced the book of his office, in which the plan was recorded. “ The ivitness then testified “ that, in 1853, at the time he was elected Surveyor, and the “ book of surveys came into his possession, there ivas a faint “ red or black line about the place in controversy.…

1Opinion of the CourtLipscomb, J.

The controversy in this case is, whether a *122certain piece or lot of land, bounded by Bonham, Nacogdoches and Crockett Streets, in a plat of what is called Giddings’ addition to the city of San Antonio, which map is recorded in the office of the Probate Court of the county of Bexar, is a common, dedicated to the public use or not. It appears from the plat of the said lots, laid off by Giddings, the proprietor, that the piece of ground is of a triangular form, bounded as above stated, and the lots in the said plat are all numbered and delineated thereon, but the ground described above is not…

2Cases cited1 opinion

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832

3Cited by7 opinions

  1. Oswald v. GrenetTexas Supreme Court · 1858
  2. East Birmingham Realty Co. v. Birmingham Machine & Foundry Co.Supreme Court of Alabama · 1909
  3. Attorney General v. Lakeview Land Co.Supreme Court of Alabama · 1904
  4. City of Dallas v. LeakeCourt of Appeals of Texas · 1957
  5. City of Lubbock v. Merrill RoberdsCourt of Appeals of Texas · 1955

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