Pence v. Garrison

Black, C.

— Suit for an injunction, brought by the appellees against the appellant. In the complaint it was alleged, in effect, that the plaintiffs owned and were in possession of certain land described, in Whitley county; that through said land and the lands of divers other citizens of said county a certain drain, or watercourse, known as the Wade ditch, had been laid out and established, under the act of the Legislature of March 9th, 1875, Acts 1875, Reg. Sess., p. 97; that east of said ditch the defendant and his wife owned certain lands described, of which the defendant was in possession,…