Malloy v. Galveston County

This appeal is from a judgment of the court below condemning for public use as a county park a tract of land belonging to appellants, and containing less than 100 acres.

The only question presented by the appeal is the power or authority of the appellee to condemn land for public park purposes.

Appellee seeks to condemn appellants’ land under the authority conferred by articles 3264a and 6078, Revised Statutes of 1925. Article 3264a confers tiie right of eminent domain upon the counties of this state as follows: “The right of Eminent Domain is hereby conferred upon counties of the State of…