Mottier v. Nilson

The parties here were the owners of adjoining lands in Wharton county, between which lay a (roadway with such culverts and openings in it as permitted the natural flow of surface waters from appellant’s tract on the west to drain eastward through those of the appellees. In this proceeding appellant alleged the violation by the appellees of a written contract between them relating to this drainage, made in settlement of a former lawsuit, dated November 22,1923, and, so far as material, providing: “Parties oif the first part, in consideration of the dismissal by party of the second part of the…