Evans v. Santana Live Stock & Land Co.

STAYTON, Chief Justice.

This suit was brought by appellee, a corporation, against the members of the County Commissioners Court and a road overseer for Coleman County, to enjoin them from opening a public road through lands claimed by the corporation.

The Commissioners Court, acting under the Act of February 7, 1884 (Sayles’ Civ. Stats., arts. 4360, 4361), of its own motion, more than ninety days after the passage of that law, and in obedience to it, determined to open such a road as that act provides for, and to that end appointed a jury of view to lay out the road, directing them to give to…