Lamar County v. Clements
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. E. E. Gaines. Appellees, who were plaintiffs in the court below, filed their petition in the District Court of Lamar county, alleging that they were owners of property fronting on the public square of the town of Paris, the county-seat of Lamar county.
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Appeal from Lamar. Tried below before the Hon. E. E. Gaines. Appellees, who were plaintiffs in the court below, filed their petition in the District Court of Lamar county, alleging that they were owners of property fronting on the public square of the town of Paris, the county-seat of Lamar county. That when said county-seat was located, one of the petitioners, George W. Wright, donated to said county fifty acres of land, with the express agreement that the town should be laid out with a public square, which should remain forever for the use of the public. It was alleged that the…
1Opinion of the Court
Moore, Associate Justice.
Where a dedication to public use is sought to be established from the acquiescence of the owner in the use of the property by the public, or from acts or declarations of an equivocal character which are consistent with a dedication to public use, or from the mere permissive •use by the public for a temporary, though indefinite period of time, the intention of the owner in permitting such use is unquestionably of controlling importance in determining whether property has been dedicated by the owner to public use or not. (Dillon on Mun. Corps., secs. 498,499; Irwin v.…
2Cases cited7 opinions
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