Franklin County v. Brooks

Citations

• 68 Tex. 679
• 5 S.W. 819
• 1887 Tex. LEXIS 753

Syllabus

<p>Limitation—Public Roads.—The unauthorized aet of ministerial officers • of a county in laying off a public road, gives no right of action in favor of the citizen across whose Imd it passes, though it be used by the public. Its use by the public for a long period of time might confer a right by prescription to use it, though limitation will only run in favor of the county from the date of some order of the county commissioners court establishing or recognizing it as a public road. After an order of the county commissioners court thus recognizing as a public road one that had formerly been laid off without its order, a right of action will exist in favor of the owner of the land crossed by it, and from that date only limitation will run against him.</p>