Foster v. Malsbary

Nichols, J. —

Action, by appellee against appellants asking for a mandatory injunction against them for the removal of a dam or levee built and constructed by them across the bed of a natural watercourse, alleging that the stream in question was a natural watercourse, and had been from time immemorial; that appellants constructed a dam across it, and that by said construction, the lands of appellee would be practically destroyed as to value.

Issues were formed by an answer in general denial, and a second paragraph pleading prescriptive right. Appellants also filed a counterclaim, averring, in…