Stallman v. Newman

OPINION

HUDSON, Justice.

Roy and Ann Stallman, appellants, seek review of a declaratory judgment recognizing the existence of a prescriptive easement, as well as an easement by estoppel, across their property. The Stallmans contend in two points of error that the evidence is legally and factually insufficient to sustain the judgment. We reverse and render.

In 1959, Katherine T. Newman purchased 666.3 acres of unimproved land (the “B.S. & F. Survey”). The B.S. & F. Survey is not accessible from any public road, and the record does not disclose what manner of ingress and egress, if any, was…