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HERRMANN v. LINDSEY

No. 04-02-00184-CV.

136 S.W.3d 286 (2004)

Ronald J. HERRMANN, Karen H. Herrmann, and Columbia Realty, Limited, Appellants, v. Glenn K. LINDSEY and Cynthia Lindsey, Appellees.

Court of Appeals of Texas, San Antonio.

March 31, 2004.

Attorney(s) appearing for the Case

Ellen B. Mitchell, Cox & Smith Incorporated, Todd A. Prins, Law Offices of Todd A. Prins, San Antonio, for appellants.

V.E. Lanfear, Jr., San Antonio, for appellees.

Sitting: CATHERINE STONE, Justice (concurring in judgment) PAUL W. GREEN, Justice SANDEE BRYAN MARION, Justice.

OPINION

Opinion by PAUL W. GREEN, Justice.

ON MOTION FOR REHEARING

The motion for rehearing is denied. However, the opinion and judgment issued February 19, 2003 are withdrawn and the following are substituted.

* * *

In this case we decide the effect of an illegal reservation of water rights in a deed conveying land. Ronald J. Herrmann and his wife, Karen H. Herrmann (the Herrmanns), purchased a tract of land in Medina County...

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