Legal Opinion

Biggs v. Lee

Court of Appeals of Texas

Decided April 1, 1911PublishedCited by 4 opinions

Appeal from District Court, Ward County; S. J. Isaacks, Judge. Suit by W. H. Lee against S. V. Biggs. From a judgment restraining defendant from diverting the waters of a river to nonripari-an land, he appeals.

1Opinion of the Court

SPEER,

J. This is an injunction suit wherein W. H. Lee sought and obtained an order restraining S. Y. Biggs from diverting the waters of Pecos river to nonriparian lands to the injury of complainant, who is alleged to be a lower riparian owner. Among other things, the defendant pleaded that “on or about the 13th day of September, 1909, he, the said S. Y. Biggs, entered into a copart-nership agreement with one J. C. Armstrong of Rushville, Neb., N. B. Rairdon of Omaha, Neb., and E. F. Neal of Des Moines, Iowa, whereby said copartnership acquired certain undivided interests and equities in and…

2Cases cited5 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Watkins Land Co. v. ClementsTexas Supreme Court · 1905
  3. King v. Comm'rs. Court of Throckmorton CountyCourt of Appeals of Texas · 1895
  4. Boesch v. ByromCourt of Appeals of Texas · 1904
  5. Bates v. Van PeltCourt of Appeals of Texas · 1892

3Cited by4 opinions

  1. Matagorda Canal Co. v. Markham Irr. Co.Court of Appeals of Texas · 1913
  2. Biggs v. MillerCourt of Appeals of Texas · 1912
  3. Renshaw v. ArnettCourt of Appeals of Texas · 1913
  4. Texas Co. v. DaughertyCourt of Appeals of Texas · 1913

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