Ferris v. Wellborn

Citations

• 64 Miss. 29

Syllabus

<p>1. Water-Course. Obstruction of. Rights of riparian owner.</p> <p>A riparian owner has the right to have a natural water-course which drains his lands adjacent thereto remain1 unobstructed and as nature made it, in its1 course onward through the lands of another.</p> <p>2. Same. What constitutes.</p> <p>And a creek which has a channel one-half a mile long, with definite bed and banks of varying width and depth, through which water is conveyed and discharged into lowlands adjacent to a running stream, though it be dry most of the time, but running when there is water to be carried off by it, is a watercourse, with all of the incidents thereof.</p> <p>3. Same. Obstruction of. Chancery jurisdiction.</p> <p>And if one riparian owner obstructs such a water-course so as to flood and injure another’s lands drained by it, a court of chancery has jurisdiction to order the obstruction removed, to grant damages for the injury sustained, and to issue a perpetual injunction against future obstruction.</p>