Benedictine Sisters of the Good Shepherd v. Ellison

OPINION

STONE, Justice.

The Benedictine Sisters of the Good Shepherd (hereinafter “the Sisters”) appeal from a takenothing judgment rendered in favor of appellees (hereinafter “the Ellisons”) in a suit brought by the Sisters to establish an easement by necessity across the Ellisons’ property. For the following reasons, we reverse and remand.

Factual Background

The Sisters and the Ellisons own adjoining tracts of land located in Starr County, Texas. Record title to these tracts originates from a 1925 partition decree in which a 6807.8 acre plot, known as Porcion No. 75, of the former jurisdiction…