FANNIN v. SOMERVELL COUNTY

No. 4833.

450 S.W.2d 933 (1970)

Oliver W. FANNIN, Jr., et ux., Appellants, v. SOMERVELL COUNTY, Texas, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

February 5, 1970.


Attorney(s) appearing for the Case

Oliver W. Fannin, Jr., Fannin & Fannin, Ft. Worth, for appellants.

Samuel W. Freas, County Atty., Glen Rose, for appellees.


OPINION

HALL, Justice.

By deed dated September 13, 1965, Earnest Winston Whitaker purported to convey a triangular-shaped one-acre tract of land to Somervell County, Texas, "for a public park."

Appellants brought this action on November 4, 1965, against the County, its County Judge and Commissioners, and Whitaker, alleging that the land in question was owned and occupied by appellants by virtue of their purchase of it and a deed to them from Mr....

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