Austin Lake Estates Recreation Club, Inc., et al., Appellants v. Robert S. Gilliam et al. Appellees, 493 S.W.2d 343

Summary

The court affirmed the lower court judgment granted on behalf of appellees, lot owners, because it found that the quitclaim deed was an irrevocable trust. The quitclaim deed was executed by appellees to protect their right to use the property and to keep appellant, recreation club and shareholders from leasing the property to a third party. The court held that sufficient consideration was given for the quitclaim deed because the deed was given in consideration for the trustees holding and protecting the property for appellees. The court held that additional testimony from a surveyor regarding the legal description of the property was proper because the evidence was necessary due to a mutual mistake regarding the description of the property. The court held that the property contained a perpetual easement for ingress and egress to the waters of the lake. The court found that the original grantors of the easement did not restrict the right of ingress and egress and the later instrument ...