Brownlee v. Warmack

Simmons, Justice.. Warmack had a right, under a deed, to obtain water to run his mill from a spring on the land of Brownlee. Brownlee was about to cut certain ditches above and *777around the spring, which would cut off the flow into the spring and thereby lessen the supply to the mill and render the mill useless and worthless. Warmack filed his petition alleging these facts, and prayed for an injunction to restrain Brownlee from cutting the ditches. Brownlee answered the petition, and by way of cross-bill alleged that he recognized Warmaek’s right to run his mill-race upon his (Brownlee’s) land…