Mares v. DuQuoin East Lake Ass'n

In the beginning, there was one owner of one tract of land and there was a lake and a pond upon the land.

Part of the land was low and marshy and so the owner put a drain pipe in the earth between the lake and pond. Time passed, and the pipe became clogged with roots and silt, and the drain slowed to a trickle.

Then the land was divided into two tracts: one tract lay north of the lake and included the lake; the other tract lay south of the lake and included the pond. Both tracts were sold.

Plaintiffs became the owners of the west portion of the pond and the land that lay south of the lake.

Defenda…