Freeman v. Weeks

This suit is brought for obstructing a ditch, and causing the water usually flowing therein to set back upon plaintiff’s land.

The evidence tends to show that the county drain commissioner laid out the ditch in 1871 across, among other lands, those of David Weeks; that Weeks objected and proposed to litigate; that finally some understanding was reached between the parties concerned which resulted in the ditch being suffered to be dug without objection, Weeks himself digging twenty rods of it, and that it has remained open from 1871 to the time of bringing suit. At some time not given in the…