Legal Opinion

Daniel v. Fox

Texas Court of Appeals, 4th District (San Antonio)

Decided February 14, 1996No. 04-95-00160-CVPublishedCited by 54 opinions

1Opinion of the Court

OPINION

ANTONIO G. CANTU, Justice,1

Sitting by Assignment.

This is an appeal from a judgment awarding an “implied easement by necessity” following a trial to the court without intervention of a jury.

The suit arises under the Uniform Declaratory Judgments Act, Tex.Civ.PRAC. & Rem. Code Ann. § 37.001, et seq. (Vernon 1986), and was initiated by two brothers, Malcolm J. Fox and Harvey D. Fox, against various relatives, all owning an interest in separate parcels of realty in Mason County, Texas, which derive from a common source. Only one defendant below, Geraldine Daniel, has appealed a portion of…

2Cases cited36 opinions

  1. Cain v. BainTexas Supreme Court · 1986
  2. Plas-Tex, Inc. v. U.S. Steel Corp.Texas Supreme Court · 1989
  3. Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
  4. Bickler v. BicklerTexas Supreme Court · 1966
  5. Othen v. RosierTexas Supreme Court · 1950

31 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. Scott v. Cannon, Texas Court of Appeals, 3rd District (Austin)1998
  2. Carroll v. MeredithCourt of Appeals of Kentucky · 2001
  3. Scown v. Neie, Texas Court of Appeals, 8th District (El Paso)2006
  4. MacHala v. Weems, Texas Court of Appeals, 6th District (Texarkana)2001
  5. Miller v. Elliott, Texas Court of Appeals, 12th District (Tyler)2002

49 more not listed; retrieve them via the Exa API.

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