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CITY OF FORT WORTH v. BRANDT

No. 17034.

444 S.W.2d 210 (1969)

CITY OF FORT WORTH, Appellant, v. Paul H. BRANDT et al., ind. ex. Estates of August Henry Brandt et ux., Dec., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied September 5, 1969.

Attorney(s) appearing for the Case

S. G. Johndroe, Jr., City Atty., and Jerome H. Parker, Jr., Asst. City Atty., Fort Worth, for appellant.

McGown, Godfrey, Decker, McMackin, Shipman & McClane, and Kent D. Kibbie, Fort Worth, for appellees.

OPINION

MASSEY, Chief Justice.

On June 5, 1959, August H. Brandt and Ella Louise Brandt, husband and wife, executed a written instrument purporting to convey to the City of Fort Worth certain easement rights in their community owned homestead. These rights pertained to drainage and were admittedly an enhancement of rights theretofore possessed and/or claimed by the city. Though the instrument recited such there was in fact no monetary consideration for its...

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