Texas Supreme Court

H. E. Duff v. W. P. Matthews and Paul H. Pfeifer

March 5, 1958158 Tex. 333

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the plaintiffs did not establish a strict necessity for an easement over the defendant's land and therefore could not rely on a three‑year statute of limitations defense. The Court emphasized the stringent requirements for an implied easement by necessity and found the factual record insufficient to meet them.