Cantley v. Gulf Prod. Co
In Cantley v. Gulf Prod. Co., 135 Tex. 339, 143 S.W.2d 912 (Tex. 1940), the strip in controversy was created as a "road reservation" between two lots in a partition proceeding but was not the subject of a separate deed. 143 S.W.2d at 913-14.
The strip was never used as a roadway; instead, the owner of one of the adjoining lots fenced the strip and cultivated it, acquiring title by adverse possession, and built a road over the adjoining lot. Id. at 914. In a subsequent sale, the deed omitted any reference to the strip. Id.
In holding that the owner intended to include the strip in the conveyance, the court noted that he surrendered possession of both the lot and the adjoining strip and that there was nothing in the record to show that it was of any benefit to him or that there was any reason for him to reserve it at the time the conveyance was made. Id. at 915.