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SIMPSON v. PHILLIPS PIPE LINE CO.

No. 8484.

603 S.W.2d 307 (1980)

W. H. SIMPSON et al., Appellants, v. PHILLIPS PIPE LINE COMPANY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied August 14, 1980.

Attorney(s) appearing for the Case

David Spencer, Jim E. Maggard, Jr., Austin, for appellants.

Kent R. Rider, Austin, for appellee.

KEITH, Justice.

The principal question presented by this appeal is whether the much criticized doctrine of trespass ab initio will be applied to actions involving the use of an easement in land, and a subsidiary procedural problem ancillary to the appeal. We affirm for the reasons now to be stated.

1. Factual Recitation

At all times material to this suit, the plaintiffs owned a tract of land consisting of 99.6 acres located to the west of...

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