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NORTHCUTT v. WAREN

No. 7152.

326 S.W.2d 10 (1959)

Opal NORTHCUTT et vir, Appellants, v. Calloway WAREN et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied July 28, 1959.

Attorney(s) appearing for the Case

Sanders & Stanford, C. L. Stanford, Canton, for appellants.

Enoch G. Fletcher, Grand Saline, for appellees.

DAVIS, Justice.

Plaintiff-appellees, Calloway Waren and Lois Brown, joined by her husband Leroy Brown, filed suit against appellant-defendants, Opal Northcutt and husband, Charlie Northcutt, for a right of way across a tract of land. In their pleadings, appellees alleged a right of way by proscription, and in their prayer they asked for an injunction, and in the alternative, for $500 damages.

On a hearing on their application for temporary injunction, the...

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