Legal Opinion

Holbrook v. Appleberry

Supreme Court of Arkansas

Decided February 15, 1971No. 5-5463Published

1Opinion of the Court

Lyle Brown, Justice.

This is a dispute between adjoining landowners concerning their respective rights and responsibilities with respect to a drainage ditch which flows along their common boundary line, thence across appellant’s land and into a bayou. The chancellor held that the ditch is a mutual or common ditch; that both parties possess a drainage easement across the lands of the other; that neither party can obstruct the drain without the consent of the other; that the parties are entitled to have the ditch restored to its former depth and width; that each party should pay the expense of…

2Cases cited2 opinions

  1. Wynn v. GarlandSupreme Court of Arkansas · 1857
  2. Graves v. WimpySupreme Court of Arkansas · 1963

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