Home/Court of Appeals of Texas/City of Brownsville v. West

City of Brownsville v. West

149 S.W.2d 1034, 1941 Tex. App. LEXIS 231
CourtCourt of Appeals of Texas
DecidedMarch 19, 1941
DocketNo. 10921.
StatusPublished
Cited by27 cases

This text of 149 S.W.2d 1034 (City of Brownsville v. West) 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 Brownsville v. West, 149 S.W.2d 1034, 1941 Tex. App. LEXIS 231 (Tex. Ct. App. 1941).

Opinion

MURRAY, Justice.

This suit was instituted by Wm. S. West and Margaret West Goodrich, joined by her husband, E.' K. Goodrich, Jr., aghinst the City of Brownsville, a municipal corporation, and the Brownsville Land and Improvement Company, a private corporation, seeking in a trespass to try title suit the recovery of 4.1 acres of land lying and being situated within the city limits of Brownsville, Cameron County, Texas.

The common source o.f title was the Brownsville Land and Improvement Company. The plaintiffs contended that they had acquired this land by warranty deed from the common source, and the City of Brownsville contended that the common source had dedicated this land, along with other land to the public and to the City of Brownsvillé for park purposes. ' The City of Brownsville had constructed an electric power highline across the land and prayed in the alternative that, in the event it was found not to be the owner of the land, it be permitted to condemn an easement across the land for the purpose of this highline. The plaintiffs prayed in the alternative that, in the event they were found not to be the owners of the land, they have judgment over and against the Brownsville Land and Improvement Company upon its warranty in the deed conveying the land to plaintiffs. The trial was to the court without the intervention of the jury and resulted in judgment for the plaintiffs for title and possession of the 4.1 acres of land, with the exception that the City of Brownsville was permitted to take and condemn an easement across the land for the purpose of electric wire highline, the City to pay the sum of $300 for this easement. From this judgment the City of Brownsville has prosecuted this appeal.

The City of Brownsville contends that the Brownsville Land and Improvement Company dedicated the land herein involved, together with other land, to the public for use as a park, when it filed a certain map and plat in the County Clerk’s Office of Cameron County, on December 21, 1908. On the plat the land involved herein, together with other land, was marked “Proposed Park” and “Lake Eba-no.” The following is a substantial repro *1036 duction of a part of the plat showing the areas marked “Proposed Park” and “Lake Ebano”:

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Bluebook (online)
149 S.W.2d 1034, 1941 Tex. App. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-brownsville-v-west-texapp-1941.