J.s. Logan, Jr., Petitioner v. J.a. Mullis, and Wife, Martha Mullis, Respondents

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the metal culvert was a fixture permanently attached to the land and that Logan was liable for its removal. The Court also clarified that Tex. Civ. R. 279 applies to judgments, not to jury findings, and that the fixture issue is a matter of law. Justice Kilgarlin dissented, arguing the Court lacked jurisdiction to decide an unbriefed issue.