Day v. Chambers
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo Abbott. This suit was brought by appellant to recover possession of a lot of ground in the city of Cleburne. The statement of the case made by appellant’s counsel, and adopted by the judge who delivered the opinion, is unnecessary in view of the opinion, and quite too lengthy for insertion here.
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Appeal from Johnson. Tried below before the Hon. Jo Abbott. This suit was brought by appellant to recover possession of a lot of ground in the city of Cleburne. The statement of the case made by appellant’s counsel, and adopted by the judge who delivered the opinion, is unnecessary in view of the opinion, and quite too lengthy for insertion here. Appellant claimed an easement in a road laid down on the plat of the town of Cleburne as the “ road to Alvarado,” with reference to the use of which he claimed that he purchased. Prayer for the recovery of the premises, with damages, rents and…
1Opinion of the Court
Delany, J. Com. App.
We do not deem it necessary to discuss the questions raised by the assignments of error, for the reason that all or nearly all of them have been settled by decisions which have been made since the date of the trial below.
The presiding judge found among his conclusions of law that the plaintiff was entitled to use the ground which was formerly the Alvarado road for the purposes to which it was originally dedicated. He also held that the defendants, in taking possession of it, committed a trespass.
But the court denied relief to the plaintiff upon the supposition that the…
2Cases cited4 opinions
- Mitchell v. BassTexas Supreme Court · 1862
- Lamar County v. ClementsTexas Supreme Court · 1878
- County of Anderson v. KennedyTexas Supreme Court · 1883
- Corporation of Seguin v. IrelandTexas Supreme Court · 1882
3Cited by11 opinions
- City of Dallas v. WrightTexas Supreme Court · 1931
- Cocke v. T. N. O. R. R. Co.Court of Appeals of Texas · 1907
- Fort Worth & D. S. P. Ry. Co. v. JuddCourt of Appeals of Texas · 1928
- Wiess v. GoodhueCourt of Appeals of Texas · 1907
- Bond v. Texas & Pacific Railway Co.Court of Appeals of Texas · 1897
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