Coastal States Crude Gathering Company v. L. W. Cummings

This is an appeal from a summary judgment. The Coastal States Crude Gathering Company, appellant here, brought this action against defendant, L. W. Cummings, and others, the landowners, on the ground that they had the right to construct two additional pipelines across certain lands belonging to the defendants under two pipeline right-of-way agreements. Pipeline easements were both originally executed by the defendants predecessors in title on November 10, 1920, and were duly filed for record in the Deed Records of Fort Bend County during the month of November, 1920. Sinclair Pipe Line Company, appellants predecessor in title, constructed an 8-inch pipeline across the property during the year 1921. By mesne conveyances, appellant acquired the pipeline previously built and owned by Sinclair Pipe Line Company, which extends from Corpus Christi to Houston, along with all of the easements in connection therewith and including the two easements mentioned above. Appellant, after an attempt by appellees to interfere with the construction, filed an application for an injunction and a temporary restraining order and the trial court, on September 7, 1965, granted a temporary restraining order, temporarily restraining appellees from interfering with appellants use and enjoyment of the rights granted in the two easements, including the construction of the additional pipelines.