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RUSHIN v. HUMPHREY

No. 01-88-01005-CV.

778 S.W.2d 95 (1989)

Corine RUSHIN, and her children as heirs of Oscar Rushin, deceased, Appellants, v. Royce and Sharon K. HUMPHREY, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 7, 1989.

Attorney(s) appearing for the Case

Charles R. Slone, Scherer, Roberts, Slone, Gresham, Lytle & Moore, Houston, for appellants.

Joanne Chaddedon, Wendy S. Burgower & Associates, for appellees.

Before SAM BASS, DUGGAN and HUGHES, JJ.

OPINION

SAM BASS, Justice.

The appellees, Royce Humphrey and Sharon K. Humphrey, sued the appellants, Corine Rushin and her children, as the heirs of Oscar Rushin, deceased, to enjoin them from obstructing appellees' access across roadway that crossed the appellants' land. The appellees allege, in effect, an easement by necessity across the appellants' property and that the appellants wrongfully obstructed the easement by erecting a gate across the 30-foot...

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