Burns v. McDaniel

In Burns v. McDaniel, 158 S.W.2d 826 (Tex. Civ. App.--Eastland 1942, no writ), the original grantor sold a portion of his property reserving the area of land containing a road to be "kept open as a pass-way for the traveling public as well as for the grantors into and upon the lands adjacent to and eastward from the parcel of land herein conveyed." Id. at 826. The grantee subsequently gated and locked the entryway to the road. Id. The court held that the language of the deed and other considerations compelled the conclusion that the lock on the gate had to be removed. Id. at 827. The court was also inclined to believe that the gate should be removed, but the record was not developed enough to make this determination. Id. The court remanded to the trial court for further consideration. Id.