The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1907-06-27
CAMPUS CASE
UNDECIDED
NOn-SuIt Leaves Valuable City,
Property Without Formal
Settlement.

sui undecided Is the title to the
four blocks OF ground on POLK
Taylor and Fillmore streets which
are marked on old plats as the "col-
lege campus" During the terms Of
court just closed the case in the
form OF a demurrer suit entered by
II. B. sanborn and the owners to
whom he has sold the land was ar
gued number OF times and at con-
siderable length, Through a non
suit entered by the defendants In
the demurrer suit at the close OF the
term, the case had to be left UNI
settled.
Tho case was put on the docket as
has been heretofore stated In the
Daily Panhandle as the City OF Anna
riIlo versus II. d. sanborn, and S.
II. Madden and w. 4, Gee repre-
sentod the city In the suit for tho
recovery Of the property. Before the
actual trial Of this sut came up the
defendants through their attorneys.
entered motion for a demurrer re-
straining the city from maintaining
proceedings for the property. In the
arguments over the demurrer which
took up odd times of the court on
number OF days, the attorneys for
the demurrer stated general basis
OF their propositions that the city,
even In case the court did recognize
the dedication OF the property for
college campus purposes as being
binding upon II, d. sanborn In view
Of all the circumstances, that the city
would be unable to exercise any fur
thur control over the property what
soeyer save to keep H. b. sanborn
and his heirs from using the property
for any purpose except for a college
and further that the city could not
exercise any control over the kind
and character OF the college which
H. B. sanborn might conclude to
put on the land On such premises
they argued that II was undesirable
fhat the city would accomplish no
useful purposes IN maintaining the
suit.
In opposition to the demurrer. the
attorneys for the city contended that
as the property was once dedicated
as college campus. It became an
integral part Of the city Of Amarillo.
and as such II entered into the con-
dltions under which we're made all
deeds TO property sold after the ded.
icatlon and that therefore every
property owner in Amarillo had ac-
quired certain lnts~Nst In the land |
originally dedicated for public pur-
poses. S. II. Madden admitted that
In his opinion the city could exer-
else no further control over the prop
erty than to keep II. b. sanborn
from using It Tor anything except
college purposes but no claimed that
the suit was warranted even under
those circumstances. city Aattorney
Gee maintained that the city had
wider right to the land and would
be able to direct It's use.
The argument and counterargu-
ment over the points in the cases
and instances cited went on down
to the last afternoon OF the term Of
court. At one time the court, think
ing that the argument had been CON-
pleted inadvertently express an opino
ion distinctly in favor OF granting
the restraining order against the
city. Further argument, however,
was asked for by the city attorneys
after that and finally at the last Of
the term, the city's attorney entered
the non-suit which so far as any re.
corded order Of the court Is concern
cd leaves the case the same as II was
before the taking up Of the suit.
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