BROWN v. TOOMEY

No. 3728.

335 S.W.2d 872 (1960)

Dr. James Albert BROWN et ux., Appellants, v. Val M. TOOMEY et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

May 19, 1960.


Attorney(s) appearing for the Case

Harry H. Brochstein, Houston, for appellants.

Holman, Saccomanno & Clegg, Houston, for appellees.


WILSON, Justice.

Plaintiffs sought an injunction alleging defendants had drained a lake situated on their adjoining properties, had erected a fence across the lake which deprived plaintiffs of its full use, and that plaintiffs had been prevented from refilling it. It was alleged the construction of the lake had been a joint project of the two neighbors for their common use. The petition asked for a declaratory judgment establishing plaintiffs' right to use of the...

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