Haby v. Koenig
Texas Supreme Court
Appeal from Medina county. STATEMENT. January 2, 1882, appellees brought this suit against appellant to establish their right to an easement, or private way, over certain lands to compel him to remove obstructions therefrom, and recover damages for obstructing the same, claiming that Joseph Haby, deceased, had on the 21st day of November, 1854, divided among his six children his third of a league of land, that the uplands were divided into six house lots, and the valley…
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Appeal from Medina county. STATEMENT. January 2, 1882, appellees brought this suit against appellant to establish their right to an easement, or private way, over certain lands to compel him to remove obstructions therefrom, and recover damages for obstructing the same, claiming that Joseph Haby, deceased, had on the 21st day of November, 1854, divided among his six children his third of a league of land, that the uplands were divided into six house lots, and the valley lands into six farm lots, and had by deed cf that date conveyed to each of his children, including appellant and appellee,…
1Opinion of the Court
OPINION.
But two grounds were assigned in the motion, for dissolving the injunction, and these were: 1. For want of equity in the bill. 2. The parties to the suit were not properly described in the bond. The first ground is certainly not well taken, the allegations in the petition show that appellees had a right to the use and enjoyment of the servitude or way in dispute 5 the appellant had without right, and in disregard of the just claims of appellees, wantonly and maliciously obstructed the way, for the purpose and with the intent of preventing them from going to and returning from their…
2Cases cited7 opinions
- Mitchell v. ZimmermanTexas Supreme Court · 1849
- Pearce v. BellTexas Supreme Court · 1858
- Hutchins v. WadeTexas Supreme Court · 1857
- Bond v. MallowTexas Supreme Court · 1856
- May v. FerrillTexas Supreme Court · 1858
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