Quimbee logo with url
From our private database of 14,500+ case briefs...

Othen v. Rosier

Texas Supreme Court
226 S.W.2d 622 (1950)

Facts

Hill owned a large tract of land. On August 26, 1896, he conveyed 100 acres of that land, which eventually reached Rosier (defendants) in 1924. In 1897, Hill conveyed another 60-acre tract, which conveyance eventually reached Othen (plaintiff) in 1904. In 1913, Othen acquired another 53 acres of Hill’s land, and in 1924 Rosier acquired another 16.31 acres of the land. Othen’s land did not connect to a public road, so in order to access Belt Line Road, at the western border of Rosier’s property, Othen would follow a fenced-in path which ran through Rosier’s property. Eventually, Rosier was concerned that certain water patterns threatened to cause damage to his property, so he constructed a levee to channel the flow. The levee blocked half of the road used by Othen, and rendered the path muddy and unusable. Othen sued Rosier, alleging that Rosier had blocked his right of ingress and egress to and from his farm. Othen asked the court to order Rosier to remove the levee and enjoin Rosier from further depriving Othen of use of the path. The trial court found that Othen had an easement of necessity across Rosier’s land, and entered the requested injunction. The Court of Civil Appeals reversed the trial court, and Othen appealed.

Rule of Law

Issue

Holding and Reasoning (Brewster, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 264,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,500 briefs, keyed to 196 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Here's why 264,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 14,500 briefs - keyed to 196 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Top-notch customer support.