VAHLSING v. HARRELL

No. 12827.

178 F.2d 622 (1949)

VAHLSING v. HARRELL.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 24, 1950.


Attorney(s) appearing for the Case

Ronald Smallwood, San Antonio, Tex., for appellant.

Orrin W. Johnson, Harlingen, Tex., for appellee.

Before HUTCHESON, WALLER, and RUSSELL, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for a judgment declaring that plaintiff had a right to have and maintain a suction pipe under, and to draw water therewith for irrigation from a drainage ditch on, defendant's land.

The claim was: (1) that the drainage ditch was on defendant's land under a valid easement granted the LaFeria Water Control and Improvement District, Cameron County No. 3, hereafter called "The District...

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