Home/Court of Appeals of Texas/City of Elsa v. Weaver

City of Elsa v. Weaver

304 S.W.2d 212, 1957 Tex. App. LEXIS 1939
CourtCourt of Appeals of Texas
DecidedJune 14, 1957
DocketNo. 3317
StatusPublished
Cited by5 cases

This text of 304 S.W.2d 212 (City of Elsa v. Weaver) 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 Elsa v. Weaver, 304 S.W.2d 212, 1957 Tex. App. LEXIS 1939 (Tex. Ct. App. 1957).

Opinion

COLLINGS, Justice.

This is an injunction suit by the City of Elsa, Texas, against Coy Weaver. The ■city sought judgment requiring the defendant to remove certain gasoline pumps and equipment, which it contends are upon a public street dedicated by the defendant to the public, and to restrain him from thereafter obstructing said street. The case was tried before the court without a jury and judgment was rendered for the defendant. The City of Elsa has appealed.

Sometime prior to April 7, 1947, ap-pellee Coy Weaver employed a civil engineer to prepare a plat and subdivide three acres of land owned by him in the City of Elsa. Appellee also owned an approximately one square acre tract upon which he operated a filling station and which was joined by the three acre tract on the east and south, making in all four acres, of which the one acre tract is the northwest quarter. It was stipulated:

Weaver’s Subdivision of
N.W. 3.00 AC. F.T. No. 536 in
West Tract Subdivision in
Hidalgo Co., Texas April 7th 1947. «
Scale 1" = 50'
License No. 3489 Elsa-Texas.
Sworn and subscribed to before me Jeanette Jones Notary Public in and for Hidalgo Co. Texas on this date of April 7th year 1947.
My signature: /s/ Jeanette Jones Notary Public Hidalgo County Texas.
Jeanette Jones Mercedes, Texas.
April 7th 1947.
License No. 3489
“ — on April 6, 1947, the only part of said northwest one square acre that had been dedicated to the public as a roadway and that was included in what is now known as and called Broadway Street was the West thirty (30) feet thereof and that the only issue in this case concerning the part of said northwest one square acre that is now in said Broadway Street is whether or not the defendant herein did after April 6, 1947, dedicate an additional five (5) feet off of said one square acre to the public for road or street purposes so as to make the portion of said one square acre now included in Broadway Street the West thirty-five feet of said one square acre.”

The following is a substantial copy of the subdivision or plat made and filed by the engineer on April 7th, 1947, and introduced in evidence as plaintiff’s exhibit no. 3:

State of Texas 1 County of Hidalgo J
This is to certify that I, J. W. Harrison, Licensed Engineer of Mercedes, Texas have subdivided, staked and mapped the three acre tract of Coy Weaver in N.W. Corner of F.T. No. 536 in the West Tract Subdivision of Land’s of the American Rio Grande Land and Irrigation Co. in Hidalgo County, Texas. This is a true and correct map from which present erroneous deeds can be corrected and again recorded. All in agreement on partition line between L. I. Wilson and Weaver Subdivision as herein set out.-(I-Iarrison old cor. pins-) Dated this 7th day of April, Year 1947.
My signature: /s/ J. W. Harrison Licensed Engineer Mercedes, Texas.
April 7th 1947.

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Cite This Page — Counsel Stack

Bluebook (online)
304 S.W.2d 212, 1957 Tex. App. LEXIS 1939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-elsa-v-weaver-texapp-1957.