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WADDELL v. WILLIAMS

No. 3516.

356 S.W.2d 500 (1959)

Doyce Ray WADDELL et al., Relators, v. Hon. Sterling WILLIAMS, District Judge, et al., Respondents.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 27, 1959.

Attorney(s) appearing for the Case

Frank C. Ashby, Garland Casebier, Midland, for relators.

Pat Beene, Ivanhoe, M. J. Kirwan, Jr., Midland, for respondents.

PER CURIAM.

The Waddells leased their land to Cox and Miller for grazing and cultivation, with provisions that the grass land should be used for grazing only and that the cultivated land was to be tilled in a good farmer-like manner. Water was impounded on the leased land in large pools. There was no express provision relative to water. During the term of the lease, Waddells' lessees sold water from the Waddell land to Empire Drilling Company and Milhoan Drilling...

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