Elliott v. Elliott

OPINION

NYE, Chief Justice.

This is an easement case. Larry Ray Elliott, and his wife, Ramona A. Elliott, brought suit to enjoin Larry’s uncle, Henry Clifford Elliott, from interfering with their use of a driveway which crossed defendant’s property. In response to special issues, the jury found in favor of plaintiffs. The trial judge, however, granted defendant’s motion for judgment non obstante veredicto and entered a take nothing judgment against plaintiffs. Plaintiffs appeal.

Plaintiffs purchased a 1.325 acre tract of land (the shaded portion of the map below) from Vernon A. Leissner on…