Fleming v. Davis
Texas Supreme Court
Appeal from San Saba. Tried below before the Hon. William Lewis. The leading facts of the case are stated in the opinion of the court. The jury found generally for the plaintiff, and assessed her damages at seventy-five dollars.
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Appeal from San Saba. Tried below before the Hon. William Lewis. The leading facts of the case are stated in the opinion of the court. The jury found generally for the plaintiff, and assessed her damages at seventy-five dollars. The court below rendered judgment against Fleming for that amount, and then proceeded to recite that all the parties were interested in the water of the stream for irrigation purposes, and to enjoin Fleming from taking or diverting more than three-sevenths of its waters. In view of the opinion of this court, there appears to be no occasion to detail the evidence.…
1Opinion of the CourtWalker, J.
This suit involves a controversy between the riparian owners of the land on and through which a stream known as Simpson’s Creek in San Saba County rises and flows. The county of San Saba is about ninety miles north-west of the city of Austin, and in what is generally known as the western part of the State. The lands owned by the parties are located within the boundaries of Fisher and Hiller’s Colony.
One Sherwood appears to have been the first locator; but in 1859 this court declared his location void, and the lands were re-patented to Fleming. In 1856 or 1857, H. Hubert and H. Taylor settled…
2Cases cited2 opinions
- Starr v. ChildNew York Supreme Court · 1838
- Tolle v. CorrethTexas Supreme Court · 1868
3Cited by10 opinions
- In Re Adjudication of the Water Rights, Etc.Texas Supreme Court · 1982
- Mud Creek Irrigation, Agricultural, & Manufacturing Co. v. VivianTexas Supreme Court · 1889
- Baker, Fleming & Hubert v. BrownTexas Supreme Court · 1881
- In Re the Adjudication of the Upper Guadalupe River Segment of the Guadalupe River BasinCourt of Appeals of Texas · 1981
- Barrett v. MetcalfeCourt of Appeals of Texas · 1896
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