Gibson v. Sharp

RUARK, Judge.

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The case' is here by transfer from the Supreme Court. 270 S.W.2d 721.

Plaintiff’s petition (filed June 1, 1951), after stating ownership and privity in title, alleged that the owners of adjoining lands-agreed to the digging of a drainage ditch having for its purpose the benefit of both parties, about 1912, the digging and maintenance of the ditch thereafter and the use of such by both parties until the year 1951, when defendants barred plaintiff therefrom by construction of an earthen dam at the boundary line between the parties. Prayer is for mandatory injunction. The trial…