Coleman v. Forister

This Court is entitled to change its hold • ing with respect to the effect of the 1955 deed; there is good reason for doing so. We cannot escape acknowledging, however, that plaintiffs, the trial court, and the Court of Civil Appeals (497 S.W.2d 530) have accepted and faithfully applied the former per curiam opinion of this Court on that matter. 431 S.W.2d 2. My protest is against the present disposition of all claims for an easement appurtenant. Upon receipt of today’s ruling, plaintiffs Forister et al are learning for the first time since the per curiam opinion that consideration of their…