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PHILLIPS v. WERTZ

No. 19078.

546 S.W.2d 902 (1977)

Nelson PHILLIPS, Jr., et al., Appellants, v. Frank WERTZ et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 3, 1977.

Attorney(s) appearing for the Case

Gregory L. Ceshker, Robert F. Ashley, Ashley & Welch, Dallas, for appellants.

William Andress, Jr., Andress, Woodgate & Lodewick, Dallas, for appellees.

GUITTARD, Chief Justice.

This action arose out of a dispute between neighboring landowners. Plaintiffs Phillips, Sartain, and Nelms own and reside on adjoining lots in a subdivision known as Turtle Creek Estates. Their lots face to the east and front on Turtle Creek Drive, which they allege to be a private driveway maintained by the lot owners. Defendants Frank and Dorothea Wertz own property outside the subdivision, but abutting it on the east. Between Turtle Creek...

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