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CECOLA v. RULEY

No. 06-98-00142-CV.

12 S.W.3d 848 (2000)

Thomas CECOLA, Appellant, v. Gerald RULEY, Appellee.

Court of Appeals of Texas, Texarkana.

Decided February 16, 2000.

Attorney(s) appearing for the Case

Bailey C. Moseley, Moseley and Davis, Associates, Marshall, for appellant.

Dean Searle, Marshall, for appellee.

Before CORNELIUS, C.J., GRANT and ROSS, JJ.

OPINION

Opinion by Justice GRANT.

Gerald Ruley sued under the Declaratory Judgments Act1 for the court to declare that an easement exists across a certain piece of property or, in the alternative, to order the property partitioned in kind. Thomas Cecola denied that any easement existed and countersued for a partition by sale. After a bench trial, the trial court ordered that Ruley had an easement across the property...

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