State Ex Rel. State Game Commission v. Red River Valley Co.

'(dissenting).

According to plaintiff’s complaint and the defensive pleadings, this law suit started out seeking a declaratory judgment “to have the various contracts herein involved construed in order to prevent any possible violation of any of the provisions of such instruments.”

Briefly, the effect of such instruments and the circumstances surrounding their execution, delivery and acceptance, as drawn from the court’s findings of fact, was that the plaintiff and its predecessors in interest acquired the right to construct a Reservoir and the fee simple title to 640 acres of land on the banks…