Willis v. Rich

Plaintiff brought suit in equity in the circuit court of DeKalb County to obtain a mandatory injunction compelling defendants to restore a mutual drain line across defendants’ land by removing obstructions placed by them and by restoring and resurfacing the open water course forming the drain line to the width, depth and conditions existing at the time of the last mutual improvement. The trial court sitting as chancellor, at the conclusion of the evidence, denied the prayer for mandatory injunction and dismissed the. complaint for want of equity. Inasmuch as the case involves, a perpetual…