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VINSON v. TURNER

7 Div. 942.

40 So.2d 863 (1949)

VINSON et al. v. TURNER.

Supreme Court of Alabama.

May 19, 1949.

Attorney(s) appearing for the Case

Arthur Burns and Roy D. McCord, of Gadsden, for appellants.

Robt. H. King, Roberts & Cunningham, and Geo. C. Hawkins, of Gadsden, for appellee.

LIVINGSTON, Justice.

This is a suit in equity for a mandatory injunction to require respondent to clean out or open an old ditch across his land in order that surface water may be discharged upon complainants' land in the same place and in the same manner that it has been discharged for a long period of time, and for damages.

There was a decree for respondent on proof, and complainants appeal.

The testimony...

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