Anderson v. Henderson

Citations

• 124 Ill. 164
• 16 N.E. 232

Syllabus

<p>1. Surface waters—dominant and servient heritage. The owner of a ■higher tract of land has the right to have the surface water falling or coming naturally upon his premises by rains or melting snow, pass off the same, Íthrough the natural drains, upon or over the lower or servient lands next idjoining, and the owner of the dominant heritage has, and ought to have, he right, by ditches and drains, to drain his own land into the natural and usual channels which nature has provided, even if the quantity of water in that way thrown upon the next adjoining lower lands be thereby increased.</p> <p>2. While the owner of lower lands shall receive all water that naturally flows from the next higher lands, the owner of the higher lands may not open or remove natural barriers, and let on such lower lands water that would not otherwise naturally flow in that direction.</p> <p>3. Chancery—exceptions to master’s report—how to be disposed of. A defendant in chancery can not assign for error the neglect of the court to dispose of the complainant’s exceptions to the master’s report. But a decree in favor of the complainant on the points covered by his exceptions to the master’s report, is in effect sustaining the exceptions, and the omission to make a formal order sustaining the same is not such error as to call for a reversal.</p> <p>4. Same—affirmative relief to defendant. Affirmative relief can not be granted to a defendant upon answer. That can only be granted on cross-bill.</p> <p>5. Same—decree—finding facts as to matters not in issue. It is improper for the court, in its decree, to find the facts in relation to a matter not made an issue by the pleadings.</p>