Sassman v. Collins

RICE, Associate Justice.

Appellees brought this suit by injunction against appellant to restrain him from closing a certain passwayleading from their premises across his tract of land to the Austin and Colton road, claiming to have acquired an easement therein by necessity and also by prescription, but which said passway was not described by metes and bounds, nor in any other definite way.

Appellant defended on the ground that no such way ever existed, or if so, then the necessity therefor had ceased, because a public road had since been -established leading from the premises of appellees to…