Bennett v. Booth

Williams, Judge:

Arthur F. Bennett and Lloyd J. Booth filed their bill in the circuit court of Barbour county praying for a mandatory injunction to compel defendant to remove a mill dam, located on his own land across a stream of water flowing through plaintiffs’ land, causing the overflow of plaintiffs land above. The case was heard upon pleadings and proofs, on the 6th of October, 1909, and the temporary injunction, which had been previously awarded, was dissolved, and plaintiffs’ bill dismissed. They have appealed.

Defendant claims the right to flood plaintiffs’ land, as a right appurtenant…