Coleman v. Forister

ON MOTION FOR REHEARING, APPLICATION FOR WRIT OF ERROR

Petitioners request that we note the rationale of our refusal of writ of error (n.r.e.) since the court of civil appeals had three alternative bases for its decision. 418 S.W.2d 550. A majority of the court approves the holding of the court of civil appeals that in view of surrounding circumstances, the following language, as a matter of law, gives the grantees an unrestricted right to use the full 160 by 420 foot lot in controversy for ingress and egress to Bee Creek:

“ ‘This grant is specifically understood to cover only a one-foot strip…