Mitchell v. Smith

Opinion of the Court by

Commissioner Tinsley—

Affirming.

The parties to this action are adjoining landowners, residing in Green county, Kentucky. The appellee, as plaintiff below, instituted this action against the appellant, as defendant below, alleging that he was the owner and in the actual possession of a described tract of land bordering on the southeast side of Pittman creek in Green county, which stream, it was alleged, drains a large territory in both Taylor and Green counties; that bordering plaintiff’s land the stream has a swift current and considerable fall, is frequently swollen,…