Legal Opinion

Smith v. Wilson County

Court of Appeals of Texas

Decided March 21, 1962No. 13914PublishedCited by 2 opinions

1Opinion of the Court

POPE, Justice.

Wilson County obtained an injunction which commanded Karon Smith to remove two gates which she erected across a road. The injunction permanently enjoined those obstructions. The issue is whether from long use and public maintenance, the public has acquired rights in the road as a public road. The court so found, and the evidence supports the decree. Appellant has four points but has briefed only one of them.

The evidence shows the existence and use of the road since 1926. The road has been maintained and repaired by and at the expense of the County at least since 1942. Whether it…

2Cases cited8 opinions

  1. Hall v. City of AustinCourt of Appeals of Texas · 1898
  2. Evans v. ScottCourt of Appeals of Texas · 1904
  3. Schultz v. ShattoTexas Supreme Court · 1951
  4. Phillips v. Texas & P. Ry. Co.Texas Commission of Appeals · 1927
  5. Click v. Lamar CountyTexas Supreme Court · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Gutierrez v. County of Zapata, Texas Court of Appeals, 4th District (San Antonio)1997
  2. Henderson v. Frio CountyCourt of Appeals of Texas · 1962

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