Houston & T. C. R. v. Central Texas Securities Corp.

ALEXANDER, Justice.

The Houston & Texas Central Railroad Company’s right of way, which is 50 feet in width, .abuts upon the west side of Monroe street in the city of Marlin for a distance of 1,578 feet. The Texas <& New Orleans Railroad Company is the lessee of said property. The city of Marlin is a municipal corporation duly incorporated and operating under the home rule amendment and has adopted the provisions of Acts 1927, 40th Leg., 1st Called Sess., p. 489, c. 106 (article 1105b, Vernon’s Ann. Civ. St.), commonly known as the “Paving Act.” In November, 1929, the governing body of the city…