Eastex Wildlife Conservation Ass'n v. JASPER, ETC.

KEITH, Justice.

The appeal is from a judgment, based upon a favorable jury verdict, declaring three roads in Tyler County to be public or county roads and enjoining the defendants from interfering with the public use thereof. Our record is voluminous and the parties raise many points of both substantive and procedural law so that this opinion will, of necessity, be lengthy.

The defendants are the owners of the surface estate over which the roads are located, the mineral estate having been severed many years prior to this litigation. Plaintiffs did not claim to be the owners of either the…