Holman v. Richardson
Mississippi Supreme Court
Appeal from the chancery court of Noxubee comity. Hon. J. F. McCool, Chancellor. The facts are fully stated.in the opinion of the court.
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Appeal from the chancery court of Noxubee comity. Hon. J. F. McCool, Chancellor. The facts are fully stated.in the opinion of the court. “Surface waters are such as diffuse themselves over the surface of the ground, following no definite course or channel, and not gathering into or forming any more defined body of water than a mere bog or marsh.” 40 Cyc., page 639. “Surface water ceases to be such when it empties into and becomes part of a natural stream or lake, but it does not become a watercourse by being gathered into an artificial ditch and led away.” 40 Cyc., page 640, and authorities…
1Opinion of the CourtSmith, C. J.
Appellant and appellee own and reside upon adjoining lots in the city of Macon,* that óf appellee bounding appellant’s lot on the north and west. The level of appellee’s lot is higher than that of appellant’s, and there is a large swale or hollow beginning on appellant’s premises some distance from and extending down to the line separating the two lots. This swale or hollow is not a natural drain in the sense that by it water is collected in or confined to a well-defined natural channel, but because of it, however, a large volume of water is at times collected at the point where it touches…
2Cases cited6 opinions
- Sinai v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1893
- Kansas City, Memphis & Birmingham Railroad v. SmithMississippi Supreme Court · 1895
- Illinois Central Railroad v. MillerMississippi Supreme Court · 1891
- Yazoo & Mississippi Valley Railroad v. DavisMississippi Supreme Court · 1896
- Illinois Central Railroad v. WilbournMississippi Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Belk v. RosamondMississippi Supreme Court · 1952
- Hall v. WoodMississippi Supreme Court · 1983
- Indian Creek Drainage Dist. No. 1 v. GarrottMississippi Supreme Court · 1920
- Steed v. KimbroughMississippi Supreme Court · 1944
- Powell v. DawsonIndiana Court of Appeals · 1984
13 more not listed; retrieve them via the Exa API.