Pascal v. Hynes

Plaintiffs own the Wy2 NW% of Section 9 and the defendant, the W/2 of said quarter and the' Ey2 SW^ of Section 4, immediately above it. Between the sections is a highway which has been graded so as to be about 3y2 feet above the natural surface. Near the southwest corner of the 80 in Section 4 was a pond of about two acres. Across the road to the southeast was a smaller pond. A swale extended from near these ponds in a southwesterly direction into the land of plaintiffs and then southerly for a distance of about 80 rods, emptying into a larger pond of about 3 acres, mostly in the plaintiff’s…