Stephens v. Burton

ELLETT, Justice:

The Burtons appeal from a finding and judgment of the trial court, holding that the Stephens did not convey all water rights which they owned in the flow of some springs.

The Stephens and defendant Jones owned the right to use the flow of water equally. The amount of water awarded to them was .03 cubic feet per second or 13.46 gallons per minute. Thus the Stephens had a right to use 6.73 gallons per minute —which amount was to be used upon 17.88 acres of land which they owned.

They sold a house and .39 of an acre of land to John E. Burton by warranty deed with no mention made of…