KOONCE v. J.E. BRITE ESTATE

No. 16897.

655 S.W.2d 329 (1983)

Phil B. KOONCE and Mabel Genevieve Koonce, Appellants, v. J.E. BRITE ESTATE, Appellee.

Court of Appeals of Texas, San Antonio.

June 15, 1983.


Attorney(s) appearing for the Case

Donna S. Rayes, Pleasanton, for appellants.

R. Thomas Franklin, Jourdanton, for appellee.

Before CANTU, TIJERINA and DIAL, JJ.


OPINION

CANTU, Justice.

Appellee, J.E. Brite Estate, plaintiff below, filed suit to obtain a declaratory judgment confirming the existence of an implied easement across an adjoining tract owned by appellants.

Appellee is the owner of a 10.679 acre tract which in turn is a part of a 30 acre tract conveyed to J.E. Brite and his wife Mabel Brite, on February 24, 1931. When Mabel Brite passed away, J.E. Brite...

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