CITY OF DALLAS v. ETHERIDGE

No. A-3607.

253 S.W.2d 640 (1952)

CITY OF DALLAS v. ETHERIDGE.

Supreme Court of Texas.

Rehearing Denied January 14, 1953.


Attorney(s) appearing for the Case

H. P. Kucera, City Atty., H. Louis Nichols and Charles C. Wells, Asst. City Attys., Dallas, for petitioner.

Odeneal, Herndon & Franklin, Dallas, for respondent.


CALVERT, Justice.

I. G. Etheridge, as plaintiff, instituted this statutory trespass to try title action against the City of Dallas as defendant. Trial was to the court and fee title to the property was found to be in the plaintiff but right of possession was adjudged to be in the defendant. The Court of Civil Appeals held that the plaintiff was entitled, as a matter of law, to recover possession of all of the land involved except such part as the evidence might show...

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