Stacy v. Walker

Griffin Smith, Chief Justice.

Stacy owns 48 acres south of and adjoining Walker’s 32 acres. An old fence-row delineates the dividing line. Along this fencerow for a distance of 190 feet Stacy constructed an earthen levee varying in height from 18 inches to less than three feet. Eight acres of Walker’s land drains north into an old river run. The remaining 24 incline southeast with the result that Stacy’s farm, prior to erection of the levee, caught discharge waters that eroded productive land.

With construction of the levee several acres of Walker ’s land were adversely affected. Following…