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FIRST NAT. BANK OF MARSHALL v. BEAVERS

No. 8777.

602 S.W.2d 327 (1980)

The FIRST NATIONAL BANK OF MARSHALL, Texas, Trustee, Appellant, v. J. W. BEAVERS Jr. and Mildred L. Bowden, Appellees.

Court of Civil Appeals of Texas, Texarkana.

June 10, 1980.

Attorney(s) appearing for the Case

Jason R. Searcy, Abney & Baldwin, W. N. Dorsett, Marshall, for appellant.

Allen Weed, Talmage Boston, Shank, Irwin, Conant, Williamson & Grevelle, Dallas, for appellees.

HUTCHINSON, Justice.

Appellant, First National Bank of Marshall, seeks by this action to permanently enjoin appellees, J. W. Beavers, Jr. and Mildred L. Bowden, from maintaining a dam on their property that causes the flooding of lands belonging to appellant. Appellees respond by asserting the perfection of a prescriptive easement upon appellant's land under the ten (10) year statute of limitations, Article 5510, Tex.Rev.Civ.Stat.Ann.

Appellant and appellees...

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