Dekle v. Vann

SIMPSON, Justice.

This is an appeal by the defendants from .-a judgment entered against them in a suit for alleged wilful, wanton and malicious trespass of land. The complaint consisted ■of five counts, each alleging that the defendants had trespassed upon the lands of •the plaintiff, in that .they had maliciously, wilfully and wantonly constructed a wall adjacent to lands of the plaintiffs which •obstructed the flow of surface waters, ■causing the same to back upon and flood •the premises of the plaintiffs. Each count contained the following language:

“And plaintiffs allege that all their said…