Etheridge v. City of Dallas

On Appellee’s Motion for Rehearing

In its motion for rehearing, appellee calls our attention to the fact that by trial amendment it pleaded the four year statute of limitation as a bar to the right of appellant to any recovery herein. It insists that the grant to it, as evidenced by the deed from the Levee District dated January 29, 1929, was made upon a condition subsequent rather than a condition precedent, that the four year statute of limitation applies to an action to terminate a grant made upon a condition subsequent and that the right of appellant’s predecessor in title to terminate the…