Mullins v. Greer

In this appeal, we consider the rights and responsibilities of a property owner who is confronted with surface water. The appellees 1 instituted a chancery suit against Bob Mullins to secure a mandatory injunction. They alleged that Mullins had erected an earthen embankment obstructing and diverting a stream, which caused large quantities of water to be discharged on their lands. Mullins denied the existence of the stream and claimed he properly constructed the embankment to divert surface water from his property.

After receiving the evidence, which was taken by depositions, the trial court…