Alcorn v. Sadler
Mississippi Supreme Court
From the chancery court of Coahoma county. Hon. W. E. Trigg, Chancellor. This was a bill filed by appellant, Alcorn, to enjoin the appellee, Sadler, from digging a large ditch to drain a lake or body of water situated partly on his land but mainly on the land,of Alcorn.
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From the chancery court of Coahoma county. Hon. W. E. Trigg, Chancellor. This was a bill filed by appellant, Alcorn, to enjoin the appellee, Sadler, from digging a large ditch to drain a lake or body of water situated partly on his land but mainly on the land,of Alcorn. The material facts -deemed necessary to be stated, in so far as they are admitted, or are established by the evidence, are these : Alcorn and Sadler are adjacent owners of large bodies of valuable land situated in Coahoma county, devoted principally to agriculture. Alcorn purchased his land about twenty-five years before the…
1Opinion of the CourtCampbell, J.
The injunction should not have been dissolved. The evidence tends strongly to show that there is a body of water covering five or six hundred acres of land owned for the most part by Alcorn, and that a small part of it is owned by Sadler; that this existed naturally because of the conformation of the earth in that region, and that the excavation proposed and about to be made by Sadler would drain this water and destroy the collection. It matters not that the water comes from the surface of adjacent lands owned by Sadler. He may arrest its flow over his land and divert it before it gets to…
Also in this document: Per curiam.
2Cases cited1 opinion
- Schaefer v. MarthalerSupreme Court of Minnesota · 1886
3Cited by3 opinions
- Rait v. FurrowSupreme Court of Kansas · 1906
- Alcorn v. SadlerMississippi Supreme Court · 1893
- McKinzie v. McCroryMississippi Supreme Court · 1906