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STALLMAN v. NEWMAN

No. 14-98-00464-CV.

9 S.W.3d 243 (1999)

Roy STALLMAN, et al., Appellant. v. Katherine T. NEWMAN, Appellee.

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

Rehearing Overruled January 20, 2000.

Attorney(s) appearing for the Case

Randy M. Clapp, El Campo, for appellants.

Sidney Levin, Sealy, for appellees.

Panel consists of Chief Justice MURPHY and Justices YATES and HUDSON.

OPINION

HUDSON, Justice.

Roy and Ann Stallman, appellants, seek review of a declaratory judgment recognizing the existence of a prescriptive easement, as well as an easement by estoppel, across their property. The Stallmans contend in two points of error that the evidence is legally and factually insufficient to sustain the judgment. We reverse and render.

In 1959, Katherine T. Newman purchased 666.3 acres of unimproved land (the "B.S. & F. Survey...

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