GRAHAM v. KUZMICH

No. 13-92-251-CV.

876 S.W.2d 446 (1994)

Franklin T. GRAHAM, Jr. and Javier Montemayor, Appellants, v. Rudy KUZMICH, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied April 21, 1994.


Attorney(s) appearing for the Case

Franklin T. Graham, Jr., Brownsville, for appellants.

Brian G. Janis, Sanchez, Whittington & Janis, Brownsville, for appellee.

Before DORSEY, GILBERTO HINOJOSA and FREDERICO G. HINOJOSA, Jr., JJ.


OPINION ON MOTION FOR REHEARING

DORSEY, Justice.

On motion for rehearing, we withdraw our previous opinion and substitute this one. This is an appeal from a declaratory judgment and permanent injunction adjudicating the ownership of water rights. The principal issue is whether adjudicated water rights passed under a deed of trust to land when the deed of trust was silent as to those water rights.

The trial...

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