Payne v. Vowels

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

Appellant is the owner of a tract of land containing seventy acres, lying north of a tract of land owned by appellees containing- seventy-live acres. Between the two tracts is a, county road. On the north side of the road and on the south side of appellant’s land there is a ditch running- the entire length of appellant’s land and emptying into a ditch built by the county. On the south side of this ditch is an embankment, whose height varies from one to three feet. On appellees’ land is a ditch running- north and south for a…