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STATE v. CITY OF VICTORIA

No. 15863.

309 S.W.2d 288 (1958)

The STATE of Texas, Appellant, v. CITY OF VICTORIA, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 31, 1958.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., James H. Rogers, Asst. Atty. Gen., and J. Arthur Sandlin, Asst. Atty. Gen., for appellant.

W. B. Mallette, Victoria, Guittard & Henderson, and Frank Guittard, Victoria, for appellee.

MASSEY, Chief Justice.

Suit in the trial court was prosecuted in the form of trespass to try title to real estate by the City of Victoria against the State of Texas. Authority to bring and prosecute the suit was received through appropriate action of the State's Legislature.

The property in controversy in the suit was that part of the river bed of the Guadalupe River claimed by the City as result of the enactment of Vernon's Ann.Tex.St. Art. 5414a, commonly...

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