Barrilleaux v. Delaune

O’NIELL, O. J.

The plaintiffs, being the owners of a farm on Bayou Lafourche, adjoining the farm of the defendant in the rear, sued for an injunction to compel him to remove a levee •between the two farms and to allow the drainage water to flow from their farm upon his. The suit is founded upon article 660 of the Civil Code, which declares that there is a servitude due by the lower of two adjacent estates, to receive the drainage water that flows naturally from the upper to the lower estate, provided the industry of man has not been used to create the servitude ; that the proprietor of the…