Hooper v. Wilkinson

The object of this suit, on the part of the plaintiff, is to compel the defendant to remove the obstructions which the latter has erected across Bayou Peter.

In the answer, the defendant asks, by way of reconvention, that the plaintiff be compelled to close the ditches by which the latter drains his plantation through this bayou.

The parties own adjoining plantations, through which runs the Bayou Peter. The plaintiff’s estate is situated above, and is' consequently entitled to a natural servitude upon the lower estate of the defendant, for purposes of drainage. The levees or dams erected to…