Freeman v. Cherokee Water Co.

OPINION

Opinion by

CORNELIUS, Chief Justice.

This is an appeal from a take-nothing summary judgment rendered against William Odie Freeman, Elvie Randolph Freeman, Myrtle Fay Mayfield, and D.A. Freeman (the Freemans) on their counterclaims against Cherokee Water Company. The Freemans filed the counterclaims in a declaratory judgment action that Cherokee Water Company filed seeking to determine the meaning of a provision in a deed it had taken from the Freemans’ predecessors in title. We affirm the summary judgment for the reasons hereafter stated.

In 1948, Cherokee instituted condemnation…