Cruse's v. Haggard

Opinion op the Court by

Hobson, Commissioner

Affirming.

In 1872, James Haggard owned a large body of land in Clark county, and conveyed a part of the tract to Evan and John Henry. At that time the waters of Dry Fork creek ran through that part of the land conveyed to the Henrys. After their purchase, they placed a water gap in the creek, which threw the water on the land still owned by Haggard. When this was done, Haggard, on September 31, 1874, brought suit against the Henrys to have the water gap removed and the water returned to its old course. After the suit was filed, by agreement of…