Van Duyse v. Fleming

Conley Byrd, Justice.

Appellant Joseph Van Duyse, Jr., and Appellee Guy E. Fleming are adjoining landowners. Fleming maintains an earthen dam on his property. The water from the dam drains across appellant’s property. Van Duyse sought an injunction to abate the maintenance of the pond and for damages. Appellee asked for the enforcement of a prior decree between his predecessor in title and appellant. Both parties have appealed.

The record shows that in 1958 Van Duyse filed an action, #110,320, against H. F. Hall, et ux, appellee’s predecessor in title, involving the same subject matter. The…