Mitchell v. Castellaw

246 S.W.2d 163 (1952)

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Mitchell v. Castellaw

Supreme Court of Texas
246 S.W.2d 163 (1952)

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Facts

Sallie Stapp owned three lots of real estate and leased one lot for the operation of a gas station. Stapp conveyed one lot to the predecessors in interest of Mitchell (defendant) by warranty deed. The deed contained a clause making a reservation to the grantor of a specifically described portion of the conveyed lot for driveway access to the gas station. Castellaw (plaintiff) inherited the gas station lot from Stapp. Castellaw filed suit to confirm easement rights on the lot containing the driveway. The trial court and the court of appeals affirmed that the deed from Stapp had effectively created an appurtenant easement and ruled in favor of Castellaw. Mitchell petitioned the supreme court for review.

Rule of Law

Issue

Holding and Reasoning (Garwood, J.)

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