Thomas v. Board of County Commissioners

The opinion of the court was delivered by

Porter, J.:

In the year 1902, the board of county commissioners of Ellis county attempted to lay out and establish a public road across appellant’s land, and for that purpose condemned a tract consisting of about one and one-half acres. The road was maintained as *444a public highway from that time until June, 1908, when, by a judgment of the district court, the proceedings for establishing the road were declared illegal and void. Sometime thereafter the plaintiff presented to the board of county commissioners a claim for damages, amounting in the aggregate…