Burnett v. Harrington

Citations

• 58 Tex. 359
• 1883 Tex. LEXIS 26

Syllabus

<p>1. Judgment— Verdict.— In a suit to enjoin the defendant from appropriating to individual use a piece of ground alleged to be a public street, the prayer was to adjudge the land as being a public street, and in the alternative that, if not a public street, it be adjudged to belong to plaintiff. The verdict was, “We, the jury, find for plaintiffs, and that it embraces the triangular tract as shown on the plat, and that it is not part of the homestead.” The pleadings did not describe a triangular tract, nor did they set forth a plat of the ground. Held,</p> <p>(1) The verdict afforded no basis for a judgment declaring the ground a street.</p> <p>(2) It could not authorize a judgment adjudging the land to be, the individual property of plaintiff, the description in the petition being irreconcilably conflicting, and the verdict describing the land with reference to its shape and a plot about which the petition was silent.</p>