State ex rel. Yale v. Duffel

Tlie opinion of tlie Court was delivered by

Fenner, J.

Relators and J. E. St. Martin are owners of contiguous plantations, that of relators being known as the “Home,” and that of St. Martin as the “Arlington.”

Relators claim, and St. Martin denies, that the “ Home ” is entitled to a servitude of drain of its waters over the lands of “Arlington” to conduct them to a natural water course known as the Bayou “ Joe Rose,” which is alleged to be tlie main and necessary outlet for carrying off tlie surplus water of that section.

While there is a dispute as to the right there is no dispute that the…