The San Saba news. [volume] (San Saba, Tex.) 1873-1966, 1889-03-01

0 and that to Rog,n of twelve acres
: embraced all of the land on the
creek. The most reasonable ex-
{ PLANTATION of the reservation IN the
: Rogan deed is, that it was made
by McAnnelly to avoid any claim
4 by Rogan which he could have
: made against McAnnelly under
: the terms of his deed, but for this
reservation or exception. The
deed from McAnnelly to Brown of
| April, 1866, we think conveyed to
the latter title to the land therein
{ described, to the middle or thread
of the creek. In addition to this,
the clause we have referred to,
read in the light of all the facts
and circumstances disclosed by the
record, conveyed to Brown the
right and privilege of using the
waters of the creek, and of control
ling the same for the purpose of
erecting machinery; and conveyed
also to him the right to use the
waters of said creek by the erec-
ton of dam across the same,
although it should become neces-
sary in erecting such dam, to use
the west bank of the creek, owned
by another person. The facts
which the appellant, Risien, claims,
operate as an equitable estoppel,
and preclude the recovery sought
by Brown are: that Brown author
lied and permitted him to erect
the dam in 1877 and to utilize the
water of the creek. This permits
sion or license was to continue for
such time as suited Browns pleas
ure. Under this license Risien
erected dam in 1877, which he
used for several years. In 1880
Risien entered into contracts with
the County Commissioners of San
Saba county, and many other per
sons, to supply water from the
creek. Brown knew that Risien
had made these contracts; assisted
him in obtaining some of them;
was himself subscriber to a con-
tract to pay Risien small sum,
annually, to furnish water. These
contracts were to remain in force
forse, - cot five years. To carry out
1880, new, substantial the d eSr1d cs
tanning from Browneemed to touch 81
which to constructasp, retr ZEN tltY IN ~ =
expiration of these or the nest to lay
en-, in the Spring &c O As a Ky Ky now boTn a
into other contradictory rushed tow
character, with ne ts uorqM sqol ll,9
to supply water. 7sup 70 s Eau usz
were to continue andoq lvuo quo NJ Sula
for several years. Br:sSpS o. su!u~o os . r
Risien had made thu sa! , 81 rS alQsA
and induced several su!Op to
contract with Risien. as he had
previously done in 1880. The cost
of the dam, including appellants
labor, is estimated at about S575,
and the cost OF laying the pipes
and other apparatus to supply the
water, was about $1,000. The in
come Risien derived from the
water, is estimated at about S65
per month.
The remaining question to be
4 disposed Of is: whether the acts or
conduct of Brown were such as to
call for the application of the doc
trine of estoppel An equitable es-
topped or estoppel by conduct, ii
is said, Consists in holding for
truth,-a representation acted up
on,-when the party who made 1t,
seeks to deny its truth, and to de-
prive the party who has acted upon
lit, of the benefit obtained. The
primary ground of the doctrine is
that, it would be fraud to permit
a party to ssert what his previous
conduct had denied, when on the
faith of tb at denial, another OF
others have, acted. It is not neces
sary that the fraud should be In
tended, but if it is the effect of the
evidence set up, it is the same il
It's operation" Bigelow on Estop
pei, p. 49, Page VS.. Arnim, 2.
Tex, Il
If Brown, by a course of con
duct, or aetna expressions, so con
Quoted himself that Risien Nigh
reasonably infer the existence o
an agreem emit or license, whethe
so intended. or not, the effect would
be that b rown could not subse
quently ga;nsay the reasonable In
ference to be drawn from his con
duct Ha rrison VS.. Boring, 4
Tex, 800.
Brown mad encouraged and as
sisted Ri sien by supplying hi
with mat erial to erect the dam j
1880, and had aided the latter
obtaining. contracts to supply wat'
: to the co unity, and numerous oth'
/ persons. 1t is true, that this WI
with n 6e5ence to the contrac