H. H. Storms v. Grady Tuck

This case involves the construction of an easement. Mr. and Mrs. Storms, plaintiffs below and petitioners here, filed this suit seeking injunctive relief and cancellation of a cloud on title to land owned by them, the asserted cloud being an easement owned jointly by Tuck, Smith, Walters, and Graham, defendants below and respondents here. The trial court ruled in favor of the defendants, holding that Tuck, et al. owned a valid easement by virtue of both a written grant and the doctrine of estoppel in pais. The court of civil appeals affirmed on the ground of estoppel. 566 S.W.2d 16. We reverse the judgment of the court of civil appeals in part, affirm in part, and remand the cause to the trial court for rendition of a proper judgment.