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Earwood v. Smart

The appellants are estopped from denying an ownership interest in the property because the deeds recognized that ownership interest.

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AFFIRMED

The cause underlying this appeal involves a dispute over whether a conflict exists between two land patents issued by the State of Texas. The appellants contend that the trial court erred in granting summary judgment in favor of the appellees on the defenses of limitations and estoppel by deed. The appellants further contend that the trial court erred in denying their motion for summary judgment because no vacancy existed between two surveys. The appellees assert a cross-issue contending that the summary judgment could also be affirmed on the defense of adverse possession. Because we conclude that the trial court properly granted summary judgment based on estoppel by deed, we do not reach the other issues asserted by the parties. See Tex. R. App. P. 47.1 (opinion should only address issues necessary to final disposition of appeal).

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