Franz v. Jacobs

Opinion op the Court by

Judge Thomas

Affirming.

Appellant, plaintiff below, and appellee, defendant below, own adjoining farms in Greenup county, both, of which border on the Ohio river, which at that point runs east and west. Defendant’s farm lies above that of plaintiff, and some distance from the river bank on defendant’s farm, is a natural sag, slough or depression running entirely across the farm and extending upon the next adjoining one on the east. The lower end or foot of the sag extends to or perhaps upon a small portion of plaintiff’s farm. Between the bank of the river and the slough…