Legal Opinion
Toal v. Smith
Texas Court of Appeals, 10th District (Waco)
Decided August 1, 2001No. 10-00-049-CVPublishedCited by 18 opinions
1Opinion of the Court
OPINION
BOBBY L. CUMMINGS, Justice (Retired).
This is an appeal from a verdict finding the existence of a prescriptive easement and failing to find abandonment of that easement. The owner of the land on which the easement lies, Marion Toal, challenges the legal and factual sufficiency of the evidence to support the jury’s findings. We will affirm the judgment.
FACTS
Jim Smith built a home on a tract of land in Ellis County in 1901. From 1901 until 1981, Smith and his descendants (the Smiths) lived in this house and used a driveway [the easement] built on leased land to access the house. That land…
2Cases cited21 opinions
- In Re King's EstateTexas Supreme Court · 1951
- Cain v. BainTexas Supreme Court · 1986
- Garza v. AlviarTexas Supreme Court · 1965
- Pool v. Ford Motor Co.Texas Supreme Court · 1986
- Glover v. Texas General Indemnity Co.Texas Supreme Court · 1981
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cooke v. MorrisonCourt of Appeals of Texas · 2013
- Tiller v. Lake Alexander Properties, Ltd., Texas Court of Appeals, 6th District (Texarkana)2003
- Mark Harrington v. Dawson-Conway Ranch, Ltd., Texas Court of Appeals, 11th District (Eastland)2012
- McClung v. Ayers, Texas Court of Appeals, 6th District (Texarkana)2011
- Ybanez v. United StatesUnited States Court of Federal Claims · 2011
13 more not listed; retrieve them via the Exa API.