DUFF v. MATTHEWS

No. A-6326.

311 S.W.2d 637 (1958)

H. E. DUFF, Petitioner, v. W. P. MATTHEWS and Paul H. Pfeifer, Respondents.

Supreme Court of Texas.

Rehearing Denied April 16, 1958.


Attorney(s) appearing for the Case

John J. McKay, Julian C. Clopton, Austin, for petitioner.

Cofer & Cofer, Calvin W. Jayroe, Austin, for respondents.


GRIFFIN, Justice.

This is a suit by respondents as plaintiffs in the trial court against petitioner, as defendant, to establish a roadway over the petitioner-defendant's land. The parties will be referred to as they were in the trial court. Plaintiffs sought to establish such roadway by prescription, that it was a public road, and by necessity. The jury findings were against plaintiffs on their theory of prescription and a public roadway and the case reaches this...

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