WARD v. RICE

No. 12277.

239 S.W.2d 823 (1951)

WARD et al. v. RICE.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied June 6, 1951.


Attorney(s) appearing for the Case

Ottis A. West, Grover C. Morris, San Antonio, for appellants.

Andrew Dilworth, James A. McKay, Jr., San Antonio, for appellee.


POPE, Justice.

This is a suit in which the court in a non-jury trial permanently enjoined appellants from using a road. Whether the road had ever been dedicated to the public is the only point in this case.

During April of 1943, J. C. Rice, trustee, purchased 31.196 acres of unimproved and fenced farm land, and thereafter proceeded to cut the tract into thirty lots. During 1944 he constructed a road across the tract...

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