Young v. Gardner

TUNKS, Chief Justice.

In January, 1966, the appellants acquired a tract of property in Houston, Texas, described as Lot 1, Block 91, of the Tall Timbers Section of River Oaks, an addition in the City of Houston. The lot consisted of about two acres and was subject to certain restrictions applicable to the Tall Timbers Section of River Oaks. Abutting the lot on the south was a 40' easement which was the subject matter of the litigation in Anderson v. Tall Timbers Corporation, 378 S.W.2d 16, wherein the Supreme Court of Texas held that it was not a dedicated easement to be used as a public…