Douglass v. Rowland

NEARN, Judge.

On appeal, the controversy is between Douglass et ux. and Rowland et ux. who will hereafter be referred to in the singular.

Plaintiff Douglass and defendant Rowland are adjoining landowners. Douglass filed suit against Rowland seeking an injunction to halt the diversion of surface water from defendant’s land to that of the plaintiff and for the removal of alleged encroachments upon plaintiff’s land.

The Chancellor heard the case without intervention of a jury and enjoined the defendant from diverting surface waters upon plaintiff’s land and held that plaintiff was estopped to claim…