City of South Bend v. Paxon

111 this action, the appellees sued the appellant- in a complaint of a single paragraph, wherein they alleged, in substance, that the appellee Caroline M. Paxon was the owner, and in the possession by joint occupancy with her husband, her co-appellee, of certain town lots, particularly described, within the limits of the city of South Bend, which had been conveyed to her in fee-simple, by warranty deed dated August 28th, 1866 ; that, at that time, there was a stream of water, fed and supported by living springs,- flowing across said town lots, and having a free, easy and rapid egress into the…