Hogan v. City of Tyler

McKAY, Justice.

Our opinion dated May 8, 1980, is withdrawn and this opinion substituted therefor.

This is a suit to set aside a judgment in condemnation of a tract of land by the City of Tyler.

Appellants brought suit against the City of Tyler (City) for (1) title and possession of a tract of land; alternatively, (2) that the county court judgment be held void and without force (because it included the provision that the City was to “have the absolute and exclusive use and possession of the surface of the land”); and for removal of cloud of title cast by the judgment; and (3) further…