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MAXWELL v. MADDOX

No. 11034.

362 S.W.2d 147 (1962)

Carroll H. MAXWELL, Appellant, v. H. A. MADDOX et al., Trustees of the Church of Christ of Richardson, Texas, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 28, 1962.

Attorney(s) appearing for the Case

Spafford, Ledbetter, Freedman, Hamlin & Gay, Warren Whitham, Dallas, for appellant.

Wynne, McKenzie, Stroud, Jaffe & Tinsley, Jack W. Hawkins, Dallas, for appellees.

ARCHER, Chief Justice.

This is a suit in trespass to try title brought by appellees against appellant. The matter in controversy between the parties is whether a strip approximately twenty (20) feet in width along the entire west side of appellees' property is a public road or street by virtue of an implied common law dedication. The Trial Court, without the intervention of a jury, found that the strip of land in controversy was not a public street and entered judgment...

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