Saelens v. Pollentier

This is an appeal from a decree of the circuit court of Rock Island County perpetually enjoining the defendants from in any manner damming or filling a ditch or watercourse to interfere with the flow of water in said watercourse from the lands of the plaintiffs upon and over the land of the defendants. The case involves the question of whether defendants’ land was subjected to a perpetual easement of drainage in favor of plaintiffs’ land, and a freehold is therefore involved. The appeal was properly taken directly to this court. Gough v. Goble, 2 Ill. 2d 577.

The defendants allege two errors…