Boone v. Wilson
Supreme Court of Arkansas
Appeal from Washington Chancery. Court; F. G. Lindsey, Special Chancellor; 1. This is a chancery ease and is before this court for a trial de novo. 98 Ark. 459; 104 Id. 475; 99 Id. 128; 4 Crawford 150; 85 Ark. 101; 101 Ark. 493; 73. Ark. 187. '2. A - natural water course was diverted. The testimony is clear. 197 Mass. 568; 45 Mich. 335; 11 A. & E. 571; 93 Penn.
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Appeal from Washington Chancery. Court; F. G. Lindsey, Special Chancellor; 1. This is a chancery ease and is before this court for a trial de novo. 98 Ark. 459; 104 Id. 475; 99 Id. 128; 4 Crawford 150; 85 Ark. 101; 101 Ark. 493; 73. Ark. 187. '2. A - natural water course was diverted. The testimony is clear. 197 Mass. 568; 45 Mich. 335; 11 A. & E. 571; 93 Penn. St. 400; 56 Wise. 73; 93 Ark. 46; 95 Id. 242. Wilson obstructed the branch at the point of drift and may be restrained by injuhetiom 2 Farnham on Waters, etc., §§ 566 a, b, and c, 567, 586. 3. The established facts are: (1) The creek…
1Opinion of the CourtWood, J.
The appellants brought this suit against the appellees, alleging, in substance, that on the lands of appellee there was a natural and well established water course which flows from the west and southwest in an easterly direction through the lands of the appellees to White River; that said water course had a deep and well defined channel, sufficient to hold the water and to deliver the same into White River; that the water, in its natural and accustomed course, did not flow upon or across the-land of appellants; that appellees, desiring to divert the flow of water so that it might not run…
2Cases cited5 opinions
- Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
- Sanguinetti v. PockCalifornia Supreme Court · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- Stimson v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1908
- Freeman v. WeeksMichigan Supreme Court · 1881
3Cited by17 opinions
- Turner v. SmithSupreme Court of Arkansas · 1950
- Ebbing v. State Farm Fire & Casualty Co.Court of Appeals of Arkansas · 1999
- State v. HiberWyoming Supreme Court · 1935
- Brasher v. GibsonCourt of Appeals of Arizona · 1965
- Leader v. MathewsSupreme Court of Arkansas · 1936
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