Ferris v. Wellborn
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. On September 15, 1882, Mrs. M. J. Wellborn filed this bill of complaint against W. S. Ferris.
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Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. On September 15, 1882, Mrs. M. J. Wellborn filed this bill of complaint against W. S. Ferris. The bill, as amended, sets out that complainant has owned and cultivated for a number of years a tract of land adjoining defendant’s; that both tracts are drained by a natural drain or creek known as “Prairie” or “Wet” Creek, flowing through them in a northwesterly direction, and terminating in what is known as “Plum” Creek; that in 1882 defendant, without the knowledge of complainant, began cutting a ditch along the…
1Opinion of the CourtCampbell, J.
The case made by the bill is sufficient to maintain the jurisdiction of the chancery court, and the demurrer was properly overruled.
*34The proof is that Prairie Creek is a natural channel, one-half or three-fourths of a mile long, with defined bed and banks, of varying width and depth, through which water is conveyed and discharged into the low land adjacent to Plum Creek. It is undoubtedly a water-course whenever there is water to run in it, and the fact that it is most of the time dry or not running is not enough to deprive it of the character of a water-course, with its incidents, among which…
2Cited by14 opinions
- Hall v. WoodMississippi Supreme Court · 1983
- Rait v. FurrowSupreme Court of Kansas · 1906
- In re German Ditch & Reservoir Co.Supreme Court of Colorado · 1913
- Georgia Pacific Corp. v. ArmstrongMississippi Supreme Court · 1984
- Lauck v. GilbertMississippi Supreme Court · 1965
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