LINCOLN, Justice.
The opinion of this court rendered on the 25th day of April, 1951, is hereby withdrawn and the following opinion is rendered in lieu thereof:
This appeal is from an order of the District Court of Upshur County, sustaining pleas in abatement filed by appellees directed at appellant's petition and dismissing his suit. The petition alleged that a lake on appellant's land is supplied with water from slopes and drains west of his land; that on...
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