Alcorn v. Sadler

Citations

• 66 Miss. 221

Syllabus

<p>1. Waters. Surface water. Permanent accumulation. Sights of adjacent owners.</p> <p>The owner may arrest or prevent the flow of surface water diflhsed over his land, the result of rain, snow and the like, before-it gets to rest; but after it loses its casual and vagrant character on reaching a natural basin or depression, thus becoming a lake or permanent body of water, on land owned chiefly by another, he cannot drain it, to the injury of such other, in order to reclaim that part of his own land covered by the water. It matters not that the water comes from the surface of adjacent lands owned by the person seeking to reclaim.</p> <p>2. Injunction. Motion to dissolve, when premature.</p> <p>In a case of conflicting testimony, where serious questions of law and fact are at issue between the parties, and where a dissolution will practically defeat or greatly impair the relief sought, a motion to dissolve an injunction on bill, answer, and affidavits should not be sustained. The injunction should be retained till the final hearing, or at least until opportunity is had for full investigation.</p>