Cameron County Water Control & Improvement District No. 5 v. George

COLLINGS, Justice.

This suit was brought by Cameron County Water Control and Improvement District Number 5 against James M. George and wife, Roxanna George, seeking a declaratory judgment establishing plaintiff’s right to use 7.89 acres of land belonging to the defendants for a storage reservoir. Plaintiff’s claim of right to so use defendants’ land was based upon reservation under the terms of a warranty deed dated January 8, 1924, by which defendants acquired fee simple title to their 22.38 acre tract of land, including the 7.89 acres in controversy. The case was tried before the court…