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TOAL v. SMITH

No. 10-00-049-CV.

54 S.W.3d 431 (2001)

Marion TOAL, Appellant, v. Paul SMITH, As Independent Executor for the Estate of Earl James Smith and Katie Bessie Smith, Appellees.

Court of Appeals of Texas, Waco.

August 1, 2001.

Attorney(s) appearing for the Case

Jason Willett, Hinds & Willett, Waxahachie, for appellant.

David A. Miller, Miller & Lehman, Palmer, David A. MacDonald, Miller & Lehman, Dallas, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice BOBBY L. CUMMINGS (Retired).

OPINION

BOBBY L. CUMMINGS, Justice (Retired).

This is an appeal from a verdict finding the existence of a prescriptive easement and failing to find abandonment of that easement. The owner of the land on which the easement lies, Marion Toal, challenges the legal and factual sufficiency of the evidence to support the jury's findings. We will affirm the judgment.

FACTS

Jim Smith built a home on a tract of land in Ellis County in 1901. From...

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