Blackwell v. Butler

SUMMERS, Judge.

Plaintiffs-appellees, John W. Blackwell, Cathy R. Blackwell and William H. Latimer, III, sued defendants-appellants, Cecil G. Butler and Tom Yarbro. Plaintiffs sought a mandatory injunction to compel the defendants to repair a breach in and remove certain portions of a levee on defendants’ farm which defendants built to lessen their damage caused by unnatural concentration of surface waters along the north fork of the Obion River in Obion County.

Defendants filed an answer and counterclaim asking that one of the plaintiffs, William H. Latimer, III, be stricken as a party…