Smith v. Guest Pond Club, Inc.

Sears, Presiding Justice.

Appellee Guest Pond Club, Inc. (“Guest Pond”) owns a 1,700 acre lake, which it maintains as a wildlife refuge. The eastern boundary of Guest Pond’s property abuts the western boundary of appellant Henry Smith’s property, a 2.84 acre tract. Guest Pond alleged that Smith dug a canal approximately six feet deep and wide enough to permit passage for a boat, commencing at Smith’s western boundary line and going westward onto Guest Pond’s property. Guest Pond also alleged that Smith emblazoned some of the cypress trees on Guest Pond’s property with blue paint and cut down a…