Oswald v. Grenet
Texas Supreme Court
Appeal from Bexar. Tried below before the'Hon. T. J. Devine. This action was brought by the appellee to compel the appellant to desist from the use and occupation of a small triangular piece of ground in the city of San Antonio, and remove therefrom a building placed thereon by appellant; which ground was claimed by the appellee to have been, by the original proprietor of that part of the town, dedicated to the .public.
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Appeal from Bexar. Tried below before the'Hon. T. J. Devine. This action was brought by the appellee to compel the appellant to desist from the use and occupation of a small triangular piece of ground in the city of San Antonio, and remove therefrom a building placed thereon by appellant; which ground was claimed by the appellee to have been, by the original proprietor of that part of the town, dedicated to the .public. The appellant denied the dedication, and claimed the ground by purchase. The cause was tried, and there was a verdict and judgment for the appellee, which was reversed by this…
1Opinion of the Court
Wheeler, Ch. J.
This case was before the court on a former appeal. (15 Tex. Rep. 118.) Since it was remanded, there have been two verdicts for the plaintiff; and the question now is, whether the evidence of a dedication to the public, of the spot of ground which gave rise to this controversy, is sufficient to warrant the verdict.
Respecting what will amount to, or may be received as evidence of a dedication, the law is too well settled to admit of controversy. A setting apart, or dedication to a public use, to be effectual, need not be by deed; nor need it be evidenced by the use of it having…
2Cases cited5 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Abbott v. MillsSupreme Court of Vermont · 1831
- Wickliffe v. City of LexingtonCourt of Appeals of Kentucky · 1850
- Oswald v. GrenetTexas Supreme Court · 1855
3Cited by119 opinions
- Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
- O'CONNOR v. GraggTexas Supreme Court · 1960
- Adams v. RowlesTexas Supreme Court · 1950
- City of Corsicana v. ZornTexas Supreme Court · 1904
- Barstow v. StateCourt of Appeals of Texas · 1987
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