F. J. Harrison & Co. v. Boring
Texas Supreme Court
Appeal from Gregg. Tried below before the Hon. Z. Norton. Suit by F. J. Harrison & Co. against Boring & Kennard to enjoin them from appropriating to their private use a portion of a lot in the town of Longview, alleged to have been sold under such circumstances, by the Southern Pacific Railroad Company, at the original sale of lots, as to create an easement thereon in favor of plaintiffs.
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Appeal from Gregg. Tried below before the Hon. Z. Norton. Suit by F. J. Harrison & Co. against Boring & Kennard to enjoin them from appropriating to their private use a portion of a lot in the town of Longview, alleged to have been sold under such circumstances, by the Southern Pacific Railroad Company, at the original sale of lots, as to create an easement thereon in favor of plaintiffs. The pleading and evidence referred to in the opinion are sufficiently stated for a proper understanding of the case.
1Opinion of the Court
Roberts, Chief Justice.
The grounds of action set up by the plaintiffs are that the lot No. 7, upon which they erected their banking-house, was adjoining to an open space represented in the plat of the town of Longview by lots Hos. 6 and 5, in block 21, upon which the defendants had no right to build a house or otherwise use for private purposes as their own property, because, first, said lots Hos. 6 and 5 had been dedicated to the public use as an open space in connection with the railroad depot at the time the lots of said town were sold by a public announcement made by the authorized agent…
2Cases cited10 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Dikes v. MillerTexas Supreme Court · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by142 opinions
- Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
- Scott v. Cannon, Texas Court of Appeals, 3rd District (Austin)1998
- Storms v. TuckTexas Supreme Court · 1979
- Cook v. SmithTexas Supreme Court · 1915
- Richardson v. LeviTexas Supreme Court · 1887
137 more not listed; retrieve them via the Exa API.