City of Mission v. Popplewell

Respondent, Beulah Popplewell, owned a one-acre tract of land within the City of Mission, Texas. She erected a fence along the western boundary of the tract. The City of Mission, petitioner herein, claimed that a twenty-foot alley had been dedicated through such tract by respondent’s predecessor in title, and that the fence blocked this alley. Upon respondent’s refusal to remove the fence, the City brought suit for a mandatory injunction to require respondent to remove the fence across the alley and for a permanent injunction enjoining- respondent from obstructing the alley in the future.…