Burgess v. City & County of Dallas Levee Imp. Dist.

FUNDERBURK, Justice.

By this suit the plaintiff, City and County of Dallas Levee Improvement District, hereinafter for brevity called the Levee District, seeks to recover f^om the defendant, J. P. Burgess, $25,000, being the alleged value of sand and gravel taken by defendant from two tracts of land aggregating 102.3 acres. Plaintiff specially pleaded, as its title to the land, a certain judgment recovered by it on the 6th day of January, 1930, in a cause entitled J. P. Burgess vs. City and County of Dallas Levee Improvement District. The judgment was described as one “decreeing the title and…