Salado College v. Davis
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. John P. Osterhout. Salado College, a corporation, sued Davis for -damages, for overflowing certain springs upon the grounds of the college.
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Appeal from Bell. Tried below before the Hon. John P. Osterhout. Salado College, a corporation, sued Davis for -damages, for overflowing certain springs upon the grounds of the college. On the twenty-eighth day of August, 1863, E. 8. C. Bobertson, as president of the board of trustees of Salado College, conveyed to John T. Flint certain land, described by metes and bounds, being that portion of a one-hundred acre tract donated by said Robertson to the Salado College Joint Stock Company, lying north of the Salado creek, with the privileges and appurtenances thereto belonging, with the full and…
1Opinion of the Court
Gould, Associate Justice.
In 1863, Salado College, an incorporated institution, sold, and by its president, E. S. C. *134Robertson, conveyed to John T. Flint six acres out of a tract of one hundred acres, which had been donated to the college by said Robertson, said six acres lying on Salado creek, on the north side thereof, the deed to Flint containing the following clause: “ To have and to hold the same to the said John T. Flint, his heirs, and assigns forever, with the privileges and appurtenances to the same belonging, with full and sole power to put a dam across Salado creek, with right to…
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