County of Harris v. Taylor

Citations

• 58 Tex. 690
• 1883 Tex. LEXIS 86

Syllabus

<p>1. Dedication — Evidence.— The owners of land who laid off and established thereon a town, marked on one of the blocks on the map of the town the words “court-house.” In a contest between the owners of lots fronting on that block,- and the county in which the town was situate, in which the owners sought to enjoin the county from establishing a jail on the block, as perverting it to a use not contemplated in its dedication, the declarations of the original owners who had donated the property made during the early settlement of the town, to the effect that the block was intended for a court-house square, and was not intended or expected to be used for jail purposes, are admissible in evidence.</p> <p>2. Same.—Purchasers of lots who bought on the faith of such a dedication may enjoin the county from perverting the property to a use not contemplated in its dedication, and tending to their injury.</p> <p>3. Same — Charge of court.— When the ownership of propirty by the plaintiff was admitted, and no issue made as to the date when the title was acquired, there was no error in the court failing to submit to the jury the question as to the time when title vested. Nor was there error in that part of the charge which assumed as an admitted fact that the plaintiffs bought their lots with reference to the city map, calling for the street on which they front, and that they owned the same.</p>