Coleman v. Forister, B--524
| Decision Date | 24 July 1968 |
| Docket Number | No. B--524,B--524 |
| Citation | 431 S.W.2d 2 |
| Parties | W. R. COLEMAN et al., Petitioners, v. Bryan W. FORISTER, Jr., et al., Respondents. |
| Court | Texas Supreme Court |
Holloway & Holloway, Sterling Holloway, James R. Sloan, John W. Stayton, Austin, for petitioners.
Leonard L. Franklin, J. Malcolm Robinson, Austin, for respondents.
Petitioners request that we note the rationale of our refusal of writ of error (n.r.e.) since the court of civil appeals had three alternative bases for its decision. 148 S.W.2d 550. A majority of the court approves the holding of the court of civil appeals that in view of surrounding circumstances, the following language, as a matter of law, gives the grantees an unrestricted right to use the full 160 by 420 foot lot in controversy for ingress and egress to Bee Creek:
Therefore, the motion for rehearing a overruled.
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...the deed, Turberville, 616 S.W.2d at 678; Forister v. Coleman, 418 S.W.2d 550, 563 (Tex.Civ.App.--Austin 1967), writ ref'd n.r.e., 431 S.W.2d 2 (Tex.1968), a written deed is a type of contract. Orbeck v. Alfei, 276 S.W. 947, 947 (Tex.Civ.App.--Waco 1925, no writ). The doctrine of merger is ......
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...the land that it serves. See Forister v. Coleman , 418 S.W.2d 550, 559–60 (Tex. Civ. App.—Austin 1967), writ ref'd n.r.e. , 431 S.W.2d 2 (Tex. 1968) (per curiam); Heard v. Bowen , 184 S.W. 234, 237–38 (Tex. Civ. App.—San Antonio 1916, writ ref'd) ; see also Bains v. Parker , 143 Tex. 57, 18......
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...rely on a statement from Forister v. Coleman, 418 S.W.2d 550, 559 (Tex.Civ.App.--Austin 1967), writ ref'd n.r.e. per curiam, 431 S.W.2d 2 (Tex.1968) to the effect that, when an easement is established by estoppel, the "easement can become legally attached to the dominant estate only if the ......
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Coleman v. Forister
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