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City of Athens v. Andrews

231 S.W.2d 928, 1950 Tex. App. LEXIS 2248
CourtCourt of Appeals of Texas
DecidedJune 9, 1950
Docket14229
StatusPublished
Cited by6 cases

This text of 231 S.W.2d 928 (City of Athens v. Andrews) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Athens v. Andrews, 231 S.W.2d 928, 1950 Tex. App. LEXIS 2248 (Tex. Ct. App. 1950).

Opinion

BOND, Chief Justice.

M. C. Andrews, appellee herein, as plaintiff, instituted this suit in a District Court of Henderson County against L. B. Thornton and wife Athlee Thornton, Wm. A. Stegall, County of Henderson and members of the Commissioners’ Court of said County, and City of Athens, Texas and its Commissioners, in trespass to try title to a narrow strip of land between the south line of a road reservation designated in the record as “Old Highway 31” or “Athens-Malakoff Road” and the north line of New State Highway 31; and for one-half — 30 feet wide — of the Old Highway running east and west with the above narrow strip.

The trial was to a jury, over objections of defendants; and, on its findings which we think are uncontroverted, there exists a narrow strip, 3.6 feet wide at the west end and 7.5 feet wide at the east end, approximately 160 feet long, located north of and adjacent to the north line of the New State Highway 31. The trial court, over defendants’ exception and motion for judgment urged at the conclusion of the evidence and motion non obstante veredicto (both overruled), entered judgment for the plaintiff to all right, title and possession of the aforesaid narrow strip of land; and all right, title and interest in that portion of the old Athens-Malakoff Road lying south of the center line thereof (30 feet) which abuts on the north side of the narrow strip, approximately 160 feet in length; subject, however, “to the right of abutting property owners to the North and the public in general to use said portion of said roadway as a passageway, so long as they elect to do so.” The County of Henderson and City of Athens appealed.

In 1899 a 28-acre tract of land out of the T-hos. Parmer Survey in Henderson County, of which the land in controversy is a part, was deeded to J. I. Richardson; and the record here shows that Mr. Richardson subdivided the land into small tracts of one, one and a half, and two acres, each tract abutting on the north and south lines of the old Athens-Malakoff Road; and it is agreed by the parties hereto that Mr. Richardson is the common source of title to the tracts of land in controversy. A substantial reproduction of the map relating to the land in controversy is here inserted.

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Bluebook (online)
231 S.W.2d 928, 1950 Tex. App. LEXIS 2248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-athens-v-andrews-texapp-1950.