Brazos River Conservation & Reclamation Dist. v. Costello

LESLIE, Chief Justice.

This is a condemnation suit by way of cross action under the terms of Art. 3269, *979R.S. 1925, as amended, Vernon’s Ann.Civ. St. art. 3269, growing out of an injunction in which the appellee E. P. Costello and others sought to enjoin' the District from entering upon their respective lands,

E. P. Costello owned a tract of land in Palo Pinto County adjacent to and in the basin of Possum Kingdom Dam, embracing approximately 4,100 acres of which about 2,400 acres was sought to be condemned for the public use of the District engaged in the construction o.f a dam across the bed of…