Cherokee Water Co. v. Freeman

OPINION WILLIAM J. CORNELIUS, Chief Justice.

Cherokee Water Company appeals from a declaratory judgment construing three deeds favorable to the claims of the children of J.A. Freeman, the children of W.R. Freeman, and the heirs of James C. Freeman (the Freemans). In four points of error Cherokee contends that the trial court erred (1) in finding the deeds ambiguous, thereby misinterpreting the deeds of W.R. and J.A. Freeman, and (2) in concluding that subsequent acts and statements made by representatives of Cherokee indicated the intent of the grantors.

The deed provisions to be construed are…