Müller v. Landa
Texas Supreme Court
Appeal from Guadalupe. The ease was tried before Hon. J. J. Thornton, one of the district judges. The record was exceedingly voluminous, containing one hundred and forty pages. The plaintiff appealed upon the right to the property; the defendant appealed upon the question of damages. He had taken exceptions to the plaintiff’s evidence, and assigned several errors.
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Appeal from Guadalupe. The ease was tried before Hon. J. J. Thornton, one of the district judges. The record was exceedingly voluminous, containing one hundred and forty pages. The plaintiff appealed upon the right to the property; the defendant appealed upon the question of damages. He had taken exceptions to the plaintiff’s evidence, and assigned several errors. In the view taken by the court the following statement of the case is sufficient: This suit was an ordinary action of trespass to try title, brought by appellant against appellee’s testator to recover a portion of a small stream…
1Opinion of the CourtLindsay, J.
—It is a principle of law too well settled to be now disturbed that, when a fresh-water stream is made the boundary between two riparian possessors, the middle of the stream is the lineal partition between them, unless, by the express terms of the grant to the first possessor, this conclusion of law is excluded. This is a contest between two riparian possessors of land on the opposite sides of Comal creek or river, called Comal spring, for the right of use of the flowing water in the stream, each deriving his title to the soil from the same vendor, at different periods of time, and each…
2Cited by8 opinions
- Welder v. StateCourt of Appeals of Texas · 1917
- Miller Surfacing Co. v. BridgersCourt of Appeals of Texas · 1924
- Graham v. KnightCourt of Appeals of Texas · 1922
- Lomax v. TrullCourt of Appeals of Texas · 1921
- Grubstake Inv. Ass'n v. StateCourt of Appeals of Texas · 1925
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