CITY OF HOUSTON v. McCARTHY

No. 3779.

340 S.W.2d 559 (1960)

CITY OF HOUSTON, Appellant, v. John T. McCARTHY, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 8, 1960.


Attorney(s) appearing for the Case

R. H. Burks, Homer T. Bouldin, Houston, for appellant.

Butler, Binion, Rice & Cook, Arthur P. Terrell, Houston, for appellee.


WILSON, Justice.

This is a non-jury trespass to try title case in which findings and conclusions were filed. The trial court determined that dedicatory language, relied on by the City as establishing a road, was ambiguous; and rendered judgment for appellees. The judgment is affirmed.

Appellees' predecessor in title subdivided property in 1946. The land here involved is a strip 30 feet wide along the western edge of the subdivided tract. The plat, approved...

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