Higgins v. Spear

This is a suit by the appellants to recover damages to crops caused by water being backed upon their land by an embankment erected by the appellees upon land belonging to the appellees, and for a mandatory Injunction for the removal of such embankment. From a judgment denying any relief the plaintiffs appeal.

The findings of the trial court are lengthy and present the facts in detail. It is not necessary to state the same in full. In brief, the facts found and which we hold the evidence supports, are as follows:

The parties own adjoining tracts .of land. There is a lowland tract known as a…