Journal of the House of Representatives Regular Session, Volume 2, and First Called Session of the Fifty-Ninth Legislature Page: 1,868
1813-3716, 119 p. ; 23 cm.View a full description of this legislative document.
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1868 HOUSE JOURNAL
Resolved, That nothing herein shall
be construed as a waiver of any de-
fenses, of fact, as well as of law,
that may be asserted by or available
to the State of Texas, or any of
the Departments, or Agencies of the
State of Texas, or any of the political
subdivisions of the State of Texas,
in said suit, but all such defenses
are hereby specifically reserved.
The resolution was referred to the
Committee on State Affairs.
TO GRANT PERMISSION TO
SUE THE STATE
Mr. Atwell offered the following
resolution:
H. C. R. No. 121
Whereas, N. F. Faas and wife,
Ruby May Faas, are the owners of
all that certain lot, tract or parcel
of land situated in Dallas County,
Texas, and being parts of Lots 2 and
3 in Block 17/3978 of the Revised
Map of Flanders Heights, formerly
an addition to West Dallas, now an
addition to the City of Dallas, Texas,
according to the map thereof record-
ed in Volume 90, Page 20, of the
Deed Records of Dallas County, Tex-
as, and being more particularly de-
scribed as follows, to wit:
BEGINNING at a point in the ori-
ginal Northwest line of Dallas Ave-
nue, 82 feet Southwesterly of the ori-
ginal Southeast corner of Lot 3;
THENCE Northwesterly 108 feet
to a point in the South line of Lew-
is Avenue;
THENCE West on the South Line
of Lewis Avenue, 80 feet to a point
in the Northeast corner of the lot
conveyed to Robert N. Walton by
Deed from H. E. Carpenter dated
August 1, 1925, and filed for record
August 7, 1925, in the Deed Records
of Dallas County, Texas;Whereas, E. H. Carpenter and wife,
Leda Maude Carpenter, predecessors
in title to the above described tract
to N. F. Faas and wife, Ruby May
Faas, conveyed a strip of land to the
State of Texas by Right-of-Way
Deed, being part of the Wm. Coombes
Survey, Abstract 290, situated in
Dallas County, Texas, and more par-
ticularly described as follows: Being
a strip of land 25 feet in width across
the South end of Lot 3, and the East
half of Lot 2, Block 3978 of the City
of Dallas, containing 0.20 acres more
or less, as shown by Right-of-Way
Deed recorded in Volume 1789, Page
186 of the Deed Records of Dallas
County, Texas, and to which reference
is here made for all purposes; and
Whereas, E. H. Carpenter and wife,
Leda Maude Carpenter, the owners
of the aforedescribed property at the
time of the conveyance to the State
of Texas by Right-of-Way Deed and
the predecessors in title to N. F.
Faas and wife, Ruby May Faas, con-
veyed said property to the State of
Texas based upon the representations
and agreements of the representatives
of the State Highway Commission
and the Texas Highway Department
that one of the conditions to, and a
part of the consideration of, the above
referred to conveyance to the State
of Texas was that the grantors, nor
their heirs, assigns or successors,
should ever be liable for any portion
of the cost of grading or paving of
the strip of land conveyed; and
Whereas, This has not been done
and the City of Dallas, Dallas Coun-
ty, Texas, has assessed N. F. Faas
and wife, Ruby May Faas, for pav-
ing assessments for this same strip
of land conveyed by Right-of-Way
Deed to the State of Texas as here-
inabove set out; and
Whereas, The said N. F. Faas and
wife, Ruby May Faas, desire to bring
suit for cancellation and recision of
hn Ri rhtfW D d dd irtln eIgnl-o.-- w a ty ee - recorU 111n
THENCE Southeasterly along the Volume 1789, Page 186 of the Deed
Northeast line of said Walton Lot, Records of Dallas County, Texas, be-
155 feet to a point at the Southeast cause of failure of consideration and/
corner of said Walton lot, and in the or lack of performance by the State
original Northwest line of Dallas of Texas and the Texas Highway
Avenue; Department to hold H. E. Carpenter
and wife, Leda Maude Carpenter,
THENCE Northeasterly along the their heirs, assigns or successors in
original line of Dallas Avenue, 89 title harmless from the cost of grad-
feet to the place of BEGINNING; ing or paving of this strip of land,
and to determine and fix liability of the1868
HOUSE JOURNAL
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Texas. Legislature. House of Representatives. Journal of the House of Representatives Regular Session, Volume 2, and First Called Session of the Fifty-Ninth Legislature, legislative document, 1966; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth193873/m1/64/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.