Day v. Mercer

Appellant, who was the plaintiff below, thus states the nature of his case:

“This suit was brought on the 21st day of June, 1910, alleging: That plaintiff was the owner of the northwest quarter of the A. N. Curry 160-acre survey in Tarrant county, Tex., upon which he resided, and which he cultivated. That appellee owned land lying west of the appellant’s, and by constructing a ditch thereon caused an increased amount of water to flow over plaintiff’s land, and judgment 'was sought for the sum of $450 damage to said land, and $50 for crops alleged to have been washed up and overflowed.…