(Download) "State Texas v. C. T. Nelson Et Al." by Supreme Court of Texas * Book PDF Kindle ePub Free
eBook details
- Title: State Texas v. C. T. Nelson Et Al.
- Author : Supreme Court of Texas
- Release Date : January 13, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is a condemnation proceeding instituted by the State of Texas, petitioner, against C. T. Nelson and wife, respondents, to acquire certain land to be used as right of way for Interstate Highway No. 35. The statement for condemnation filed with the county judge and acted upon by the commissioners purports to describe by metes and bounds a tract of land alleged to contain 6.706 acres, more or less. In the course of the trial on appeal in the county court, the State was permitted to amend the description to embrace an adjoining strip of land some 42 feet wide by 345 feet long, containing .3 of an acre. This was done pursuant to a stipulation of the parties, but after the jury returned its verdict respondents moved to dismiss the cause on the ground that the court had no jurisdiction to condemn the .3-acre strip. The motion was overruled, and judgment was entered condemning the entire tract as described in the trial amondment. The Court of Civil Appeals reversed, dismissed the proceeding as to the additional strip, and remanded the cause with respect to the remainder of the land. 324 S.W.2d 898.