Metcalfe v. Faucher
Court of Appeals of Texas
Appeal from District Court, Tom Green County; J. W. Timmins, Judge. Action by C. B. Metcalfe against L. S. Fau-cher. From a judgment for defendant, plaintiff appeals.
1Opinion of the Court
The nature of this suit and the contract which fixes the rights of the parties are stated in the former opinion of this court rendered in this cause. Metcalfe v. Faucher, 99 S.W. 1038. In that decision this court held: "The following is a disposition of the questions discussed in the briefs: (1) The trial court correctly held that the contract between Spence and Cunningham did not create in the latter an exclusive right to the water impounded by the dam. (2) That Spence, as the riparian owner, had and reserved a right to the use of the impounded water for irrigation purposes, subject to a…
2Cases cited9 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Arnett v. LinhartSupreme Court of Colorado · 1895
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1902
- Johnstown Cheese Manufacturing Co. v. VeghteNew York Court of Appeals · 1877
- Williams v. HarterCalifornia Supreme Court · 1898
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3Cited by1 opinion
- Gibson v. CarrollCourt of Appeals of Texas · 1915