Spencer v. O'Brien

This suit was instituted in the Chancery Court by Mrs. Spencer to abate an alleged nuisance by the injunctive processes, seeking to have the defendant remove a stone wall constructed upon the north bank or Roaring Fork Creek opposite the property, and a like wall constructed upon the south side of said creek by the complainant. These walls confine the water of the creek within its natural bed, which bed as confined was adequate to carry the water and to prevent the water spreading out and overflowing the property of both the complainant and the defendant. The Chancellor held that it was…