Simon v. Branham

This action was commenced by Fred Branham against C. N. Simon, seeking a mandatory injunction to remove a diversion wall or dam and further injunction to prevent the reconstruction of the same or other diversion of surface waters. During the pend-ency of the action Fred Branham died dnd the cause was revived in the name of his administrator, Wayne Branham. By cross-petition the defendant sought to recover damages and to obtain an injunction against the plaintiff and other parties. From the judgment of the trial court, granting an injunction to the plaintiff and denying the cross-petition of…