Smafield v. Smith
Michigan Supreme Court
Appeal from Sanilac; Beach, J. Bill by Franklin Smafield and others against John Smith and R. B. Walker, drain commissioners of Sanilac and Lapeer counties, to restrain the construction of a drain. From a decree dismissing the bill, complainants appeal.
1Opinion of the CourtHooker, J.
Black river runs in a southeasterly direction and empties into the St. Clair river. Elk creek flows northeasterly, emptying into Black river. The complainants own lands in severalty, situate along Elk creek, some miles above its mouth, including some bottom or flat lands along the creek. The testimony indicates that Elk creek is the natural outlet for the water of a large area.
Counsel for the complainants allege that in the year *2711899 the drain commissioner of Sanilac county instituted proceedings to clean out, deepen, and widen Elk creek for its entire length, and that this was done, and…
2Cases cited3 opinions
- Bruggink v. ThomasMichigan Supreme Court · 1900
- Smith v. Township of EatonMichigan Supreme Court · 1904
- Township of Merritt v. HarpMichigan Supreme Court · 1905
3Cited by2 opinions
- Arnham v. RoundMichigan Supreme Court · 1920
- Duryea v. EdingerMichigan Supreme Court · 1912