Tolle v. Correth

Citations

• 31 Tex. 362

Syllabus

<p>Where the petition for a writ of error substantially complies with the statute, and the bond conforms to the law, a motion to dismiss will not be sustained. (Paschal’s Dig., Art. 1495, Note 587.)</p> <p>The colonization law of Texas and the statutes of the state recognize the right to use water for irrigation purposes. (Paschal’s Dig., Arts. 574, 584, 4523, 3945-3952.)</p> <p>Where the defendant owned the land upon which there was a spring he had the right to use the water for the purposes of irrigation, provided he restored it back to its natural channel before it reached the lands of the adjoining proprietor, and if the stream was thus weakened so as to damage the adjoining proprietor, the defendant was not liable for such damage.</p>