Montgomery v. Downey

In November of 1947 the plaintiffs instituted this proceeding in the circuit court of Menard County. Initially the plaintiffs sought a mandatory injunction to compel the defendants to' remove certain alleged obstructions to the natural flow of surface waters from the lands of the plaintiffs and to permanently enjoin the defendants from any future obstruction of water flow.

The complaint alleges that the land of the plaintiffs is the dominant estate and that the natural flow of surface waters was from the plaintiffs’ land over and across the land of the defendants. The obstructions in the form…