O'CONNOR v. GRAGG

No. A-7415.

339 S.W.2d 878 (1960)

Con J. O'CONNOR et al., Petitioners, v. W. A. GRAGG, Respondent.

Supreme Court of Texas.

Rehearing Denied November 30, 1960.


Attorney(s) appearing for the Case

L. H. Welch, Robert E. Bowers, Breckenridge, Graves, Dougherty & Gee, Robert J. Hearon, Jr., Austin, for petitioner.

Jennings & Montgomery, Graham, for respondent.


SMITH, Justice.

On June 3, 1957, respondent instituted this suit alleging that he was the owner of approximately 1,280 acres of land lying south of 560 acres owned by petitioners. On July 1, 1957, respondent filed his first amended original petition alleging (1) that he had, by necessity, acquired an easement over and across O'Connor's land; (2) that he had acquired a private easement by prescription.

On July 1, 1957, the trial court granted a temporary injunction...

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