Michalson v. Nutting

The plaintiffs brought this bill in equity alleging that roots from a poplar tree growing upon the land of the defendants had penetrated, the plaintiffs’ land and had filled up sewer and drain pipes there, causing expense in digging them up and clearing them, and also had grown under the cement cellar of the plaintiffs’ house, causing the cement to crack and crumble and threatening seriously to injure the foundation of the dwelling. They sought a mandatory injunction compelling the removal of the roots, a permanent injunction restraining the defendants from allowing the roots to encroach on…