City of Clanton v. Johnson

STAKELY, Justice.

Johnnie J. Johnson (appellee) filed a bill in equity against the City of Clanton, a municipal corporation (appellant), to abate an alleged private nuisance and to recover damages. To this bill appellant filed a general demurrer, which was overruled by the court. This appeal is from that decree.

In substance the bill alleges that appellee is the owner of certain described land in Chilton County outside the corporate limits of Clanton, upon which appellee and his family have resided for many years, and that flowing through this place is Walnut Creek; that the land has been used…