GREAT AMERICAN DEVELOPMENT CO. v. SMITH

No. 10489.

303 S.W.2d 861 (1957)

GREAT AMERICAN DEVELOPMENT COMPANY, Appellant, v. Clayton N. SMITH, Appellee.

Court of Civil Appeals of Texas, Austin.

June 12, 1957.


Attorney(s) appearing for the Case

Schleyer & Bartram, of New Braunfels, Small, Small & Craig, of Austin, for appellant.

H. A. Triesch, Fuchs & Riedel, all of New Braunfels Butler, Binion, Rice & Cook, R. H. Singleton, all of Houston, for appellee.


GRAY, Justice.

This suit involves the riparian rights of appellant and appellee. They are owners of land on and along Rebecca Creek in Comal County. Appellant's land is down stream from and adjoins that of appellee.

We are not confronted with any right conferred by appropriation acts of the Legislature, adverse use, prescription or any facts which by reason thereof the loss of appellant's riparian rights might result.

Appellant sued appellee and prayed...

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