Dawson v. Wade

Weltner, Justice.

Wade and Dawson own parcels of real property that are divided by Reedy Creek, Wade’s property being to the west and Dawson’s to the east of the creek. The creek is fed principally by artesian springs located on Wade’s property. There are four beaver dams along the segment of the creek that divides the two properties. The dams, in everchanging form, have been in the creek for some twenty years, and have the effect of causing swampy conditions on either side of the creek. It is Dawson’s desire to destroy the dams. Wade, contra, finds them useful for irrigation. Both parties use…