Born v. Keil

This is a suit to enjoin' the defendant from maintaining a ditch and dike upon his premises, which carried the waters of a natural watercourse from his land onto plaintiff’s land. The defendant denied generally the allegations of plaintiff’s petition and cross-petitioned for a mandatory injunction requiring the plaintiff to remove certain dikes and barricades constructed by the plaintiff in defending his land from the waters carried in the ditch in controversy. The trial court held against the plaintiff and he appeals.

The record shows that plaintiff was the owner of Lot 9 *913and the SW]4 SE]4,…