Legal Opinion

Biggs v. Lee

Court of Appeals of Texas

Decided April 25, 1912PublishedCited by 8 opinions

Appeal from District Court, Ward County; S. J. Isaacs, Judge. Action by W. H. Lee against S. V. Biggs and others. From a decree for plaintiff, defendants appeal.

1Opinion of the CourtPeticolas, C. J.

This was a suit by W. I-I. Lee, who owned 320 acres of land riparian to the Pecos river in Ward county, against the appellants to enjoin a diversion of water from the river through an irrigation system owned by appellants. It resulted in a decree absolutely enjoining the appellants from taking any water to nonriparian lands under their system, except when the river is in flood and overflowing its hank at appel-lee’s land, which is 25 to 30 miles below by the river, and at which point the banks are 14 to 15 feet high. The answer of the appellants, on which the trial was had, alleged that there…

2Cases cited1 opinion

  1. Biggs v. MillerCourt of Appeals of Texas · 1912

3Cited by8 opinions

  1. Gin S. Chow v. City of Santa BarbaraCalifornia Supreme Court · 1933
  2. Lakeside Irr. Co. v. KirbyCourt of Appeals of Texas · 1914
  3. Mt. Franklin Lime & Stone Co. v. MayCourt of Appeals of Texas · 1912
  4. Maverick County Water Control & Improvement District No. 1 v. City of LaredoCourt of Appeals of Texas · 1961
  5. Salliway v. Grand Lodge, A. O. U. W.Court of Appeals of Texas · 1914

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