Simpson v. Phillips Pipe Line Co.

KEITH, Justice.

The principal question presented by this appeal is whether the much criticized doctrine of trespass ab initio will be applied to actions involving the use of an easement in land, and a subsidiary procedural problem ancillary to the appeal. We affirm for the reasons now to be stated.

1. Factual Recitation

At all times material to this suit, the plaintiffs owned a tract of land consisting of 99.6 acres located to the west of the City of Austin which was intersected by the Travis-Hays County Line and Barton Creek. Three different pipelines crossed the property in a general east-west…