Czipott v. Fleigh

OPINION

By the Court,

Zenoff, C. J.:

William and Lori Czipott became occupants of their house under a land contract in June 1970. Their neighbors, the Fleighs, respondents herein, bought their house in 1960. This action concerns a domestic well located on the Czipott parcel, but from which both families and their predecessors in interest obtain their water.

Their dispute stems from the Czipott’s desire to bring horses onto their property. After the Czipotts constructed a corral and brought in two horses despite the Fleighs’ advance admonition, the Fleighs sued to enjoin those acts on the fear…