Reeves v. Pecos County Water Improvement Dist. No. 1

I am unable to agree with the majority members of the court in remanding the case for a new trial, and so will briefly express the grounds of my dissent.

This case on the second appeal is not essentially different from the case on the former appeal. On the former appeal a writ of error was granted. On the hearing the Commission of Appeals, section B, 299 S.W. 224, and on motion for rehearing, 7 S.W.2d 67, held, in effect, that the deeds to the water rights from the original owners of the land contained restrictive clause that such water may not be used on any other land not included in blocks…