Poole v. Guste

TATE, Justice.

The essential issue concerns the plaintiffs’, the Pooles’, claim that their estate enjoys a servitude of drain into and through a canal which is on the adjacent property of the defendants, the Gustes.

The Gustes built levees which both previous courts found prevented the flow of the surface water from the Poole property into the canal on the Guste property. Upon finding that the Poole estate was owed a servitude of drain by the Guste estate, the trial court issued a mandatory and prohibitory injunction ordering the defendants Guste to cease obstructing the drainage and to remove…