Franks v. Rouse

This is an appeal from a judgment and decree enjoining plaintiffs in error, defendants below, from constructing and maintaining a ditch or levee along the division line between tracts of land owned by the respective parties and denying plaintiffs in error injunctive relief against the defendants in error, plaintiffs below. For convenience, the parties will be referred to as in the trial court.

Plaintiffs Rushie L. Rouse and R. M. Rouse are the owners of all the southwest quarter of section 2, township 2 north, range 1 east, except 20 acres and a small tract west of the Santa Fe Railroad right…