CITY OF MISSION v. POPPLEWELL

No. A-5797.

294 S.W.2d 712 (1956)

CITY OF MISSION, Petitioner, v. Beulah POPPLEWELL, Respondent.

Supreme Court of Texas.

Rehearing Denied November 21, 1956.


Attorney(s) appearing for the Case

Rankin, Kilgore & Cherry, Edinburg, for petitioner.

Ewers, Cox & Toothaker, William E. York, J. Perry Jones and Charles Elick, McAllen, for respondent.


McCALL, Justice.

Respondent, Beulah Popplewell, owned a one-acre tract of land within the City of Mission, Texas. She erected a fence along the western boundary of the tract. The City of Mission, petitioner herein, claimed that a twenty-foot alley had been dedicated through such tract by respondent's predecessor in title, and that the fence blocked this alley. Upon respondent's refusal to remove the fence, the City brought suit for a mandatory injunction to require...

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