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McWHORTER v. CITY OF JACKSONVILLE

No. 12-83-159-CV.

694 S.W.2d 182 (1985)

Frank M. McWHORTER, and Wife, Cherry M. McWhorter, Appellants, v. The CITY OF JACKSONVILLE, Texas, and the Trustees of the United Pentecostal Church of Jacksonville, Texas, Appellees.

Court of Appeals of Texas, Tyler.

May 30, 1985.

Attorney(s) appearing for the Case

R.W. Richards, Jacksonville, for appellants.

Emerson Stone, Stone & Stone, John Robert Adamson, Adamson & Phifer, Jacksonville, for appellees.

McKAY, Justice.

This is an appeal from a declaratory judgment as to the owner of certain easement rights of real property bordering Lake Jacksonville in Cherokee County, Texas.

On January 1, 1956, R.B. Johnson was the owner of a tract of land situated in Cherokee County, Texas, a portion of which the city of Jacksonville sought to acquire for the purpose of installing a lake, now known as Lake Jacksonville. Johnson sold a tract (Tract A) to the city, retaining...

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