First National Bank of Marshall v. Beavers

HUTCHINSON, Justice.

Appellant, First National Bank of Marshall, seeks by this action to permanently enjoin appellees, J. W. Beavers, Jr. and Mildred L. Bowden, from maintaining a dam on their property that causes the flooding of lands belonging to appellant. Appel-lees respond by asserting the perfection of a prescriptive easement upon appellant’s land under the ten (10) year statute of limitations, Article 5510, Tex.Rev.Civ.Stat.Ann.

Appellant and appellees own adjoining tracts of land in Upshur County. In June of 1964, appellees’ father, J. W. Beavers, Sr., built a dam on his property and by…