Elrod v. Elrod

Carley, Justice.

In 1970, John Elrod Sr. conveyed an easement across his Fannin County property. The successor to the grantee of the easement reconveyed the easement to Bertha Elrod, who acquired title to the property after Mr. Elrod Sr.’s death. In 1974, Ms. Elrod deeded the property in fee simple absolute to Appellee Evangeline Elrod. Thereafter, Appellee cultivated the land, and Ms. Elrod made no claim to or use of the former easement. In 1988, however, Ms. Elrod executed a deed purporting to transfer title to the easement to Appellant Franklin Elrod. Seeking to resolve the validity of…