YOUNG v. MOORE

No. 6935.

236 S.W.2d 740 (1951)

YOUNG et al. v. MOORE et al.

Springfield Court of Appeals, Missouri.

February 21, 1951.


Attorney(s) appearing for the Case

James A. Finch, Jr., Finch & Finch, Cape Girardeau, for appellants.

J. Grant Frye, Gerald B. Rowan, Cape Girardeau, for respondents.


VANDEVENTER, Presiding Judge.

This is an action in equity seeking to enjoin the defendants from permitting water on their farm to flow through a man-made ditch into Cypress Slough and thence onto the lands of the plaintiffs to their damage. From a decree, partially enjoining them, the defendants have appealed.

This being an equity case, it is heard by this court de novo upon the record and it is our duty and responsibility to render such decision as we think...

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