Fobar v. Higginson

court.

Plaintiff filed her complaint in the circuit court of White county seeking a mandatory injunction requiring defendants to restore and maintain a drain tile running across their land. After hearing the evidence, the trial court concluded that plaintiff was not entitled to the relief sought and plaintiff appeals from such finding.

The complaint set out that plaintiff and defendants were the owners of adjoining 40-acre tracts of land across which ran a 10-inch farm drain tile which started in higher ground, came across plaintiff’s land and then defendants’ land, and ultimately emptied into…