The State of Texas v. T. W. Lain

Summary

The Texas Supreme Court affirmed the lower courts, holding that legislative consent is not required to maintain a suit against state officials for title, that the plaintiffs' title is not servient to public rights, that the United States is not a necessary party, that the admitted exhibits were immaterial, and that the supersedeas bond was not excessive. Justice CULVER dissented, arguing the State’s highway use was authorized by the Menard grant and legislative acts.