City of Abilene v. McMahan

The city of Abilene has appealed from a judgment in favor of D. McMahan for damages to a tract of land situated near the city of Abilene by the laying of a water pipe line across the land. The pipe line in controversy was constructed by the defendant city under and by virtue of the following agreement in writing:

"Whereas, we, D. McMahan and wife, _____ McMahan, of the county and state aforesaid, are the owners of the following described tract of land: 152 3/4 acres out of the B. H. H. Butts survey No. 60, situated on or near the waters of Elm creek near the town of Buffalo Gap, in Taylor…