Phillips v. Pitts

John Nisbet owned a forty-acre tract of land in Jefferson county which the county road divided into two parcels. The north one was improved with his dwelling house, a barn, chicken houses, and an orchard. Twenty years ago, Nisbet spent considerable effort and money drilling for water on this parcel, but the water he located was neither potable nor sufficient. Twelve years ago, he was forced to dig a well into a good source of water on the south parcel, and for the last twelve years he has pumped this water across the road to his home, outhouses and orchard.

On September 11, 1944, Nisbet and…