Court of Appeals of Texas February 3, 1950, 2748 (Boles v. Red)

GRISSOM, Chief Justice.

G. H. Red, Jr., a minor, by next friend, ■sued T. L. Boles and wife for title and possession of the surface of a strip of land containing 4.79 acres. The Boles, by cross-action, asserted title to the strip and also claimed a roadway by prescription and a way of necessity over a tract of about 500 .acres, the surface of which was owned by G. H. Red, Jr.