Schmutzer v. Smith

OPINION

FRANKS, Judge.

In this action, plaintiffs sought to enjoin the construction of a roadway across their property and damages due to defendant’s alleged trespass. The trial court dismissed the suit, finding “there is an easement and right-of-way on and over the lands of the original plaintiffs as it is presently situated.” Plaintiffs1 have appealed.

The evidence establishes defendant acquired her land by deed dated November 20, 1936, from Roy C. Marshall and wife. Included in her deed is this provision:

It is further agreed and understood that this deed conveys to the party of the second…