Jordan v. Stallings

GARRISON, Judge.

This is an appeal by John H. Stallings, Jr. (Defendant) from a $5000 judgment entered by the trial court on the petition of Jerry Jordan and his wife, Shirley (Plaintiffs). The court found that Defendant “did trespass on the property of the Plaintiffs and without Plaintiffs’ consent removed dirt and soil from Plaintiffs’ land thereby causing a permanent nuisance with run off water onto Plaintiffs’ property constituting an unreasonable interference with the use and enjoyment of Plaintiffs’ land.” We affirm in part and reverse in part.

A part of the land involved in this suit was…