Borden v. Trespalacios Rice & Irrigation Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Matagorda County. Borden and others sued the Trespalacios Bice and Irrigation Company in trespass to try title. Plaintiffs showed title to the land except so far as affected by condemnation proceedings under which defendant had taken possession of a part of .same for the construction of its irrigation ditch. Judgment was given for defendants, sustaining their claim to the rights so acquired.
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Error to the Court of Civil Appeals for the First District, in an appeal from Matagorda County. Borden and others sued the Trespalacios Bice and Irrigation Company in trespass to try title. Plaintiffs showed title to the land except so far as affected by condemnation proceedings under which defendant had taken possession of a part of .same for the construction of its irrigation ditch. Judgment was given for defendants, sustaining their claim to the rights so acquired. Plaintiffs appealed, and on affirmance of the judgment obtained writ of error from the Supreme Court.
1Opinion of the Court
WILLIAMS, Associate Justice.
This case involves a contention between the parties as to the.validity of certain condemnation proceedings under which defendant in error claims a right of way for its works over the land of Borden and others, who were plaintiffs in the District Court. The judgments of that court and of the Court of Civil Appeals were in favor of defendant and the cause is before this court on writ of error.
Defendant is a corporation chartered ahd organized under subdivision 23 of article 642 and article 704, Revised Statutes, and also under an Act of 1895 (Laws 24th Leg., pp.…
2Cases cited2 opinions
- State v. BowersIndiana Supreme Court · 1860
- In re Theresa Drainage DistrictWisconsin Supreme Court · 1895
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