Sullivan v. Dooley

FLY, Associate Justice.

Appellant applied for an injunction to restrain appellee from erecting a levee along the banks of a creek which formed the boundary line between the land of appellant and appellee. A general demurrer to the petition was sustained.

It was alleged in the petition that the parties owned lands adjoining each other, the creek forming the boundary line between them; that the creek was ten miles long, and flowed into the Trinity River two miles below the land of the parties. That the creek frequently overflows its banks, and inundates portions of the land on both sides of it,…