Johnston v. Woodard

HALLEY, Justice.

Dillon Woodard, J. H. Woodard and Vio-letta C. Woodard, plaintiffs below, brought this suit against Ted Johnston and Johnnie Johnston, Jr., defendants below, for a mandatory injunction. The parties will be referred to by their trial court designations.

Plaintiffs and defendants each own a tract of land separated by a line fence running north and south between the two properties. Plaintiffs own the east tract and defendants own the west tract.

Plaintiffs’ petition alleged that the natural flow of water across the two tracts is in a west-southwest direction and that ordinary flood…