Kay-Noojin Development Co. v. Hackett

FOSTER, Justice.

This suit comes to us on appeal from a decree overruling the demurrer to a bill in equity. Appellees filed the bill against appellant seeking to enjoin appellant from maintaining an alleged nuisance consisting in the collection of surface water upon its property by appellant as the upper proprietor in the City of Huntsville and casting it upon complainants’ property being the lower of them. The demurrer contained only one ground, that there is no equity in the bill.

Appellee’s property is his dwelling house and lot. The property of appellant was being developed as a residential…