(Download) "City Dallas v. I. G. Etheridge" by The Texas Court of Criminal Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: City Dallas v. I. G. Etheridge
- Author : The Texas Court of Criminal Appeals
- Release Date : January 10, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
I. G. Etheridge, as plaintiff, instituted this statutory trespass to try title action against the City of Dallas as defendant. Trial was to the court and fee title to the property was found to be in the plaintiff but right of possession was adjudged to be in the defendant. The Court of Civil Appeals held that the plaintiff was entitled, as a matter of law, to recover possession of all of the land involved except such part as the evidence might show had been used for a sufficient length of time and under such circumstances as to vest in the public a prescriptive right to the continued use of the same for street purposes. The judgment of the trial court was reversed and the cause was remanded to the trial court for the limited purpose of permitting the defendant to establish, if it could, the identity of that part used for street purposes and a prescriptive right thereto. 246 S.W.2d 692.