McCary v. McLendon

This cause was submitted and considered under new rule 46 (65 South, vii), and the opinion of the court was delivered by

Mr. Justice Thomas.

Appellant and appellees are owners of contiguous tracts of land, that of appellant lying lower than that of appellees. Through both tracts there flows a creek which crosses the line dividing the' two. On appellant’s land, a short distance from appellees’ land, she erected a dam across said creek, in consequences of which, as the chancellor found, the lands of appellees were overflowed from time to time. The decree declared the dam a nuisance, ordered its…