Gregory v. Jenkins

NEARN, Presiding Judge, Western Section.

The Gregorys brought suit against the Jenkins seeking a mandatory injunction requiring the defendants to remove a brick and earthen dam which allegedly interfered with the natural flow of water causing water to back up on plaintiffs’ property. After hearing proof, the Chancellor denied plaintiffs relief and plaintiffs have appealed.

The primary issue on appeal is whether the evidence preponderates against the finding of the Chancellor that the plaintiffs were not entitled to injunctive relief. We believe it does and therefore, since this review is de…