Hendrix v. Creel

McCALL, Justice.

The only question on this appeal is whether the trial court erred in sustaining the respondents’ demurrer to the appellants’ bill of complaint, as last amended.

The bill alleges that the appellants’ residence is located in the City of Dothan, an appellee (the City), and is adjacent to or in the vicinity of a parcel of land formerly owned by the appellee Marion J. Creel who sold and conveyed to the appellee David R. Bauer; that before Creel conveyed to Bauer there existed across that parcel for more than twenty years a well defined ditch or watercourse to take care of the…