In the case at bar the writing executed by Bobinson to the Levee Board was not acknowledged before an officer authorized to certify acknowledgments of conveyances; it was not recorded in the office of the clerk of the county court until after appellant had bought the land from appellee and recorded his own conveyance; the writing purported to grant a right-of-way for a levee over the land in question only to such extent as might be necessary for the construction and maintenance of a levee thereon. There is no allegation that the excavations made were necessarily made in the construction or maintenance of a levee across or upon the lands in question, and for aught that appears, the Levee Board and its contractors may have exceeded whatever rights were conferred upon them by the instrument in question, if any, in entering upon the land sold and conveyed by appellee to appellant.