Nininger v. Norwood
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. H. Austill. The original bill in this case was filed on the 8th May, 1878, by Mary R. Norwood, a married woman, suing by her husband as next friend and trustee, against John Nininger, A. R. Ninin-ger, and James Magee; and sought to enjoin and abate an embankment and certain ditches, which the defendants had con-strueted on lands belonging to them, and by which, as the bill alleged, the water falling on…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. H. Austill. The original bill in this case was filed on the 8th May, 1878, by Mary R. Norwood, a married woman, suing by her husband as next friend and trustee, against John Nininger, A. R. Ninin-ger, and James Magee; and sought to enjoin and abate an embankment and certain ditches, which the defendants had con-strueted on lands belonging to them, and by which, as the bill alleged, the water falling on complainant’s lands, and naturally emptying into a stream called “ Lake creek,” was obstructed, dammed up, and thrown back on…
1Opinion of the CourtBrickell, C. J.
The original bill was filed by Mrs. Mary R. Norwood, a married woman, owning a plantation, partly as a statutory, and partly as an equitable separate estate, to enjoin the defendants, who own an adjoining plantation, from continuing thereon levees, or embankments, causing waters to flow back upon the lands of the complainant, which, following their natural outlet, had always flowed therefrom over the lands of the defendants. The material averments of the bill are : That a stream, known as “ Lake Creek,” runs through the plantation of Mrs. Norwood. In thnes of heavy rains, large quantities of…
2Cases cited6 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
- Ogburn v. ConnorCalifornia Supreme Court · 1873
- Wright & Rice v. MooreSupreme Court of Alabama · 1863
- Adams v. WalkerSupreme Court of Connecticut · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Crabtree v. BakerSupreme Court of Alabama · 1883
- Hundley v. HarrisonSupreme Court of Alabama · 1898
- Higgins v. BlochSupreme Court of Alabama · 1925
44 more not listed; retrieve them via the Exa API.