Bartley v. Sone

CADENA, Justice.

This case involves the right to use water emanating from a spring and flowing in a ditch which will be referred to in this opinion as the “Waddle Ditch.”

Plaintiff, Robert E. Sone, is the owner of the west ⅛ of Survey 22, Block 3, Cert. %s, T. W. G. N. Ry., in Real County. At the time the case went to trial, the east ¾ of Survey 22 was owned by defendants, Sarah E. Bartley, Marvin Conner, and Betty Perry and husband, Jim Perry. Another defendant, M. L. Hocker, was in possession, as tenant, of the east ¾ of the survey. After testimony had terminated, but before judgment was…