[DOWNLOAD] "Fred Crockett Et Al. v. Housing Authority City Dallas" by Dallas Court of Civil Appeals of Texas * eBook PDF Kindle ePub Free

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eBook details

• Title: Fred Crockett Et Al. v. Housing Authority City Dallas
• Author : Dallas Court of Civil Appeals of Texas
• Release Date : January 17, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This appeal, at first prosecuted by both parties, relates to a court proceeding whereby the property of Crockett was condemned in connection with a housing project. The named defendant had owned Lots 4, 5, 16 and 17 of Weisenbergers Garden of Eden Addition, Dallas County, in Block 10. The initial "statement in writing" of appellee, which, under Art. 3264, V.A.C.S., constituted its petition for condemnation, had failed to carry said block number; recitals of said petition being: "That said defendant(s) is the owner of the following described property situated within the corporate limits of the City of Dallas, Dallas County, Texas, and being more particularly described as follows, to-wit: Being Lots 4, 5, 16 and 17 of Weisenbergers Garden of Eden Addition in DCT, per the map rec. in Vol. 6, pages 113 and 114 of the MR of DCT, and all adjoining and contiguous property owned or claimed by said defendants." Prior to the jury trial, Crockett filed motion to dismiss the appeal for want of jurisdiction on ground of fatal insufficiency of description; pointing out that there were nineteen blocks in Weisenbergers Garden of Eden Addition, all of which contained a Lot 4 and 5, nine of said blocks containing a Lot 16 and 17; plaintiff in turn promptly filing motion to correct the record by insertion of the words "in Block 10" in its pleading; also tendering to the court for filing, an amended original petition, completing the property description by block number, alleging the deficiency in question, under the circumstances, to be no more than "clerical error." These motions of plaintiff Authority were overruled; the court taking under advisement without prejudice defendants motion to dismiss the cause; after the jury verdict and in final judgment of award, overruling same, but in said final rendition properly describing the property condemned as "in Block 10."

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