Preston v. City of Navasota
Texas Supreme Court
Appeae from Grimes. Tried below before the Hon. N. Hart Davis. This suit was a petition for an injunction to restrain the city of Navasota from enforcing against petitioner an ordinance of the town providing, for the removal of all obstructions from the streets and alleys. The suit was brought by Thomas C. Ashford in July, 1867; but he died, and Preston, his administrator, became plain- • tiff in his stead.
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Appeae from Grimes. Tried below before the Hon. N. Hart Davis. This suit was a petition for an injunction to restrain the city of Navasota from enforcing against petitioner an ordinance of the town providing, for the removal of all obstructions from the streets and alleys. The suit was brought by Thomas C. Ashford in July, 1867; but he died, and Preston, his administrator, became plain- • tiff in his stead. It appears that in 1859 James Nolan had a certain parcel of land surveyed into streets, alleys, blocks and lots, and had the plat of the survey recorded in the office of the coupty clerk…
1Opinion of the CourtWalker, J.
The proprietor of a town or city, who lays out and plats the squares, lots, streets, alleys, etc., and causes the same to be recorded in the county clerk’s office, and sells lots in accordance with such plat, dedicates the streets and alleys to the public, and cannot revoke the grant when the public acquires an easement.
The facts in this case show that Holán, the proprietor of the city of Navasota, had recorded such a plat, and though he sold the property in question to plaintiff’s intestate, with verbal representations that he had reserved the power to vacate certain streets or alleys, his…
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