Birdwell v. Moore

CONOVER, Judge.

After trial in Madison Circuit Court, Special Judge Alva Cox presiding, Marie Duncan Birdwell and John Duncan, appellants, were permanently enjoined from obstructing the flow of water coming from the farm of Charles W. and Grace L. Moore, appel-lees. A motion to correct errors was timely filed and overruled. Birdwell and Duncan appeal and present the following issues 1 for review:

1. Was the evidence sufficient to show a watercourse existed?

2. Did the evidence show the volume of flowage had been increased by artificial means?

3. Was the evidence insufficient to show the natural…