Red Lake Fishing & Hunting Club v. Burleson

TIREY, Justice.

This is an appeal from an order (non-jury) denying plaintiff’s application for writ of injunction. There is no statement of facts. The facts are without dispute and we will state those pertinent to this discussion.

The plaintiff, Red Lake Fishing & Hunting Club, a corporation, owned a 400 acre tract of land in Freestone county, on which an earthen dam had been constructed across a natural water course which impounded *116water that covered approximately 150 acres of land. About fifty stockholders built and now maintain - substantial camp lodges on the 400 acre tract of land near…