Marion County v. Hankins

BROWN, Justice.

This is a bill by landowners against the County seeking to abate an alleged nuisance caused by the obstruction of the natural flow of surface water and turning it into a different channel on to the lands of complainants the result of building or improving one of the defendant’s highways.

The defendant demurred to the bill on numerous grounds, among others, that the bill is without equity and that the complainants’ remedy at law was adequate and complete. The demurrer was overruled and from that decree the defendant prosecutes this appeal.

The equity of the bill, if it has equity,…