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FIDELITY LAND & TRUST CO. OF TEX. v. CITY OF W. UN. PLACE

No. 794.

496 S.W.2d 116 (1973)

FIDELITY LAND & TRUST CO. OF TEXAS, Trustee, Appellant, v. The CITY OF WEST UNIVERSITY PLACE, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 13, 1973.

Attorney(s) appearing for the Case

Larry W. Bass, William W. Wiggins, Jr., Childs, Fortenbach, Beck & Guyton, Houston, for appellant.

Charles F. Cockrell, Jr., William J. Merrill, Kelley, Ryan & Merrill, Houston, for appellee.

COULSON, Judge.

In 1942 West Securities Company, the predecessor in title of appellant, Fidelity Land & Trust Co. of Texas, Trustee, executed a deed by which an easement was granted to appellee, City of West University Place. The purpose of this easement was to allow appellee to run a sewer line across appellant's property. This property was not within the boundaries of the city but rather adjoined it. A part of the...

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