McGowen v. Carr

This suit in equity is to restrain the defendants from obstructing a drain or watercourse, and for damages caused to the plaintiffs’ land by the acts of the defendants. The master’s report was confirmed by an interlocutory decree; a final decree was entered directing the defendants to remove from their premises “any obstruction to said drainage flow of water existing on defendants’ premises” and ordering them to pay the plaintiffs damages. The defendants appealed from the final decree. There was no appeal from the interlocutory decree.

The master found that the land of the plaintiffs and of…