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eBook details

• Title: State Texas Et Al v. B. F. Clark
• Author : Supreme Court of Texas
• Release Date : January 06, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The State in its motion for rehearing takes the position that under the 1913 deed from Swearingen and Follensbee to Hirsch and Wells the dedication of the property referred to as the park or parkway being "to the public" was irrevocable under the circumstances in this case. The State further insists that the attempted rededication in 1915 executed by Rincon Improvement Company by Hazen Follensbee, Vice-President, dedicating the property "to and for the use of the public forever, for the use of the public as a public park," and the instrument executed in 1917 by Swearingen and Follensbee declaring that the intention of the dedicators in the 1913 deed was that the strip of land be dedicated "to the public use for park purposes only" could not operate to limit the easement and the general right already vested "in the public." They rely on Lamar County v. Clements, 49 Texas 347, 354; Adams v. Rowles, 149 Texas 52, 228 S.W.2d 849; Fort Worth & D.S.P. Ry. Co. v. Judd, (Texas Civ. App. 4 S.W.2d 1032, wr. dism.); City of Corsicana v. Zorn, 97 Texas 317, 78 S.W. 924. These cases assert the general rule that where lots are sold with reference to a recorded plat then as against purchasers of such lots the dedication is irrevocable, absent consent by those purchasers. That undoubtedly is a sound statement of the law but we are not concerned here with that proposition.

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