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CRONE v. BRUMLEY

No. 04-05-00227-CV.

219 S.W.3d 65 (2006)

Sandra CRONE, Appellant, v. Acton BRUMLEY and Mary Brumley, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled December 18, 2006.

Attorney(s) appearing for the Case

Gilbert Vara, Jr., The Law Office of Gilbert Vara, Jr., San Antonio, for appellant.

Haygood Gulley, Doran, Gulley & Etzel, Del Rio, Mark J. Cannan, Clemens & Spencer, P.C., San Antonio, for appellees.

Sitting: SARAH B. DUNCAN, KAREN ANGELINI and PHYLIS J. SPEEDLIN, Justices.

OPINION

Opinion by SARAH B. DUNCAN, Justice.

The dispositive issue in this appeal is whether the evidence is legally sufficient to support the jury's findings that an easement south from the Brumleys' Ranch across Sandra Crone's Sycamore Ranch to Highway 2523 was "necessary" when the properties were severed in 1923 and at the time of trial. Because there is no evidence that a public road abutted the Sycamore Ranch on the south in 1923 and there is conclusive...

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