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eBook details

• Title: North Clear Lake Development Corporation v. H. W. Blackstock
• Author : Supreme Court of Texas
• Release Date : January 28, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

This case involves a tract of property located in the Galveston Bay area of Harris County. The tract has been the subject of much litigation. Phases of the controversy are reported in Wallace Investments, Inc. v. Blackstock, 384 S.W.2d 910, no writ hist., a plea of privilege case, and in Blackstock v. Tatum, 396 S.W.2d 463, no writ hist., a suit for damages for alleged abuse of process. The most recent report of an appellate opinion relating to the controversy is that of the Waco Court of Civil Appeals in Tatum v. Blackstock, 418 S.W.2d 269, writ ref., n.r.e. That was an appeal from an adverse judgment in a suit wherein North Clear Lake Development Corporation, as successor in interest to Lester L. Tatum, sued H. W. Blackstock and others in trespass to try title to establish the corporations ownership of the tract in question. Blackstock, et al, defendants and cross-plaintiffs in the trial court in that case, also appealed from the trial courts judgment denying them the relief sought in their cross-action. The Waco Court of Civil Appeals reversed the judgment of the trial court and rendered judgment that North Clear Lake Development Corporation recover legal title to the tract in question. The Appellate Court, however, severed that portion of the case wherein Blackstock, et al sought to establish an easement over the tract in question and remanded the severed portion of the case to the trial court for determination of "the issues as to existence, nature and extent of an easement" over the disputed property. On remand, in a non-jury trial, the trial court rendered judgment that Blackstock, et al, had an easement over the property, the nature of which easement will hereafter be discussed, and North Clear Lake Development Corporation has perfected this appeal from that judgment.

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