Jackson v. Walton

Plaintiff owns land bordering on what is known as Hotchkiss Bayou. The land on the opposite side of the bayou is owned by H. T. Smith. The said Smith, by written contract, granted to T. C. Walton, the defendant, the right to pump water from his side of the bayou to the land of defendant for irrigation purposes and to wash a dairy barn on his (Smith’s) property. The land owned by defendant (Walton) which was to be irrigated, lies adjacent to the Smith property but does not lie adjacent to the bayou. The distance from the bayou, across Smith’s property, to that of defendant is about 300 feet.…