Bailey v. Brown

The opinion of the court was delivered by

Hopkins, J.:

Plaintiff sought by mandatory injunction to compel the defendant to remove a dike or embankment erected on or near the line separating their land, was defeated, and appeals.

Some twenty-five or thirty years ago (the time not being definitely fixed) the owners of the respective tracts of land agreed to construct a drainage ditch and dike between the lands for the purpose of carrying off the flood waters. The plaintiff contends that the arrangement was experimental only; that they agreed to try out the plan and if not successful to abandon it;…