Olivares v. City of San Antonio

A careful consideration of the able motion for rehearing filed by City leads me to believe that we erred in reversing the judgment of the trial court. Since my brethren adhere to our original determination, I must respectfully dissent.

First-. I consider immaterial the City’s acceptance of money from the Bank for the quitclaim deed to a portion of the alley.1 No one contends that the City had any fee title to the land. Ordinarily, in Texas an abutter on a street owns the fee to the center thereof, subject to the city’s easement in behalf of the public. “Upon the discontinuance of the highway…