Johnson v. Marcum

Opinion of the Court by

Judge Turner

Reversing.

Appellants and appellee Marcum are the owners of adjoining lots in the town of Jackson. The lot of appellants is higher than that of appellee, Marcum, and the surface water naturally flows from appellants’ lot over appellee’s. The lots are each about 50 feet wide and 210 feet deep.

In 1909 appellee began the construction of a stone and cement wall along the line of her property next to' appellants’, and appellants instituted this action seeking to enjoin her from building the same, upon the ground that its construction would cause the surface water…