Scarborough v. Anderson Bros. Const. Co.

This is a suit by the appellee against the appellant to enjoin the latter from interfering with the use of a flume which constitutes a part of an irrigation system. Judgment was rendered granting the relief sought. The appeal is submitted upon findings and conclusions filed by the trial court. They read:

"Findings of Fact.

"On the 17th day of August, 1925, the First National Bank of El Paso, Texas, hereinafter called "Bank", acquired from S. S. Carpenter and wife a small tract of land about ten miles easterly from El Paso and being on the northeasterly side of State Highway No. 1, as it then…