Kratchoville v. Cloverleaf Plaza, Inc.

SIMPSON, Justice.

This is an appeal by the complainants below from a decree of the Circuit Court of Mobile County, in Equity, denying relief on a bill in equity which sought an injunction prohibiting respondent from diverting surface water upon complainants’ lands, and seeking to have certain pipes removed from complainants’ property and finally money damages. Complainants are tenants in common of a two to three acre tract of land adjoining that of respondent.

The lower court in denying relief decreed that appellee had a permanent easement across appellants’ property for the purpose of…