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WESCO MATERIALS CORP. v. DALLAS COUNTY LEV. IMP. DIST.

No. 15965.

320 S.W.2d 243 (1959)

WESCO MATERIALS CORPORATION, Appellant, v. DALLAS COUNTY LEVEE IMPROVEMENT DISTRICT NO. 5 et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 6, 1959.

Attorney(s) appearing for the Case

Wilson Johnston, Dallas, Strasburger, Price, Kelton, Miller & Martin, and Hobert Price, Dallas, for appellant.

Bowyer, Thomas, Crozier & Harris and Norman R. Crozier, Jr., Dallas, for appellee City and County of Dallas Levee Improvement Dist.

Henry P. Kucera, City Atty., and Ted P. MacMaster, Asst. City Atty., Dallas, for appellee City of Dallas.

Henry Wade, Dist. Atty., and A. George Biggs, Asst. Dist. Atty., Dallas, for appellee Dallas County.

Scurry, Scurry, Pace & Wood, W. C. Scurry, Richard H. Hodges and R. G. Scurry, Dallas, for appellees Dallas County Flood Control Dist. and Dallas County Levee Improvement Dist. No. 5.

MASSEY, Chief Justice.

The question involved in this case is whether dirt may be removed from land which has heretofore been the subject of a grant of easement, by the grantor or his successors in title over the objection of the grantees or their successors in title.

The deed of grant conveyed the "free and uninterrupted use, liberty, privilege, easement and right of way, for the purpose of building and maintaining levees, borrowpits, floodway and any and...

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