Vinson v. Turner

LIVINGSTON, Justice.

This- is a suit in equity for a mandatory injunction to require respondent to clean out or open an old ditch across his land in order that surface water may be discharged upon complainants’ land in the same place and in the same manner that it has been discharged for a long period of time, and for damages.

There was a decree for respondent on proof, and complainants appeal.

The testimony was taken before the register and submitted to the trial court on depositions of the witnesses so taken. The rule is that, on appeal, this Court reviews the evidence without any presumption…