Haigh v. Lenfesty

Mr. Presiding Justice Thompson

delivered the opinion of the court.

From both the pleadings and the evidence it appears that the question involved in this appeal is the right of .the appellees, who own land on the Kankakee river lower down the river and adjoining the premises of appellant, to back the water of the river upon the premises of appellant by the construction of a dam upon their own premises. Appellees in their answer claim the right under a grant by a deed to their grantors made by grantors of appellant while said grantors of appellant owned said overflowed premises, and by user…