Birnberg v. Sparks

OPINION

GREEN, Chief Justice.

This suit was brought by appellants Edward R. Birnberg and wife against appel-lees for an injunction, declaratory judgment and damages based on conflicting claims concerning a 10 foot wide strip of land along the rear of appellants’ home lot. At a hearing on motions for summary judgment filed by plaintiffs and defendants, the court entered its decree granting defendants' motion, and overruling plaintiffs’. This appeal is from such judgment.

Prior to July 15, 1952, Agnes Pope, a feme sole, owned a tract of land consisting of 63.289 acres in Corpus Christi, Texas. By…