State v. Valmont Plantations

(dissenting),

I do not concur.

It is my opinion that the rule of “Stare Decisis” compelled the trial court to recognize a riparian right to irrigate land in Texas, patented before 1889, and that such general rule applies to lands granted by the Kingdom of Spain or by the Republic of Mexico (or any of her States). This, in my opinion, is what in substance was decided by the Supreme Court of this State, speaking through Chief Justice Cureton, in Motl v. Boyd, 116 Tex. 82, 286 S.W. 458, opinion dated June 26, 1926.

The Austin Court of Civil Appeals, speaking through Associate Justice Brady, in Boyd…