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KELLY v. CITY OF MARLIN

No. 3805.

340 S.W.2d 507 (1960)

L. H. KELLY et ux., Appellants, v. CITY OF MARLIN, Appellee.

Court of Civil Appeals of Texas, Waco.

November 23, 1960.

Attorney(s) appearing for the Case

Mac L. Bennett, Jr., Normangee, for appellant.

Carroll Pearce, Marlin, for appellee.

WILSON, Justice.

The City of Marlin, seeking a mandatory injunction requiring removal of structures alleged to be obstructing a street, alleged that in 1903 A. E. Aikman subdivided a tract of land as shown by a plat, and dedicated the streets and alleys shown thereon to public use. It alleged that Fuschia Street shown thereon was 50 feet wide and had been partially opened, and that appellants had built structures extending...

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