Legal Opinion

Martinez v. City of Dallas

Texas Supreme Court

Decided November 4, 1908No. 1856PublishedCited by 27 opinions

Error to the Court of Civil Appeals for the Fifth District, on error from Dallas County. The City of Dallas sued Martinez and others to recover a strip of land alleged to be a public street. Plaintiff had judgment, and defendants prosecuted error and on affirmance of the judgment obtained writ of error from the Supreme Court. The opinions of both the Court of Civil Appeals and the Supreme Court are here published.

1Opinion of the Court

The city of Dallas brought this action of trespass to try title against P.P. Martinez and Archibald Cribbs to recover a certain strip of land in possession of defendants.

Plaintiff claims that it held a complete and unconditional easement over the said strip of land by dedication from G.W. Ervin for the purpose of a public street. Defendants claim there was no dedication, or, if so, said dedication had been revoked by said Ervin before any rights of the city had attached. A trial resulted in a verdict and judgment for the city.

The evidence shows that G.W. Ervin owned a tract of land in the…

2Cases cited1 opinion

  1. City of Corsicana v. ZornTexas Supreme Court · 1904

3Cited by27 opinions

  1. Adams v. RowlesTexas Supreme Court · 1950
  2. Spencer v. LevyCourt of Appeals of Texas · 1914
  3. Anderson v. Tall Timbers Corp.Texas Supreme Court · 1964
  4. Joseph v. City of AustinCourt of Appeals of Texas · 1936
  5. Broussard v. Jablecki, Texas Court of Appeals, 1st District (Houston)1990

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