LIBBY, McNEIL & LIBBY v. ROBERTS

No. 488.

110 So.2d 82 (1959)

LIBBY, McNEIL & LIBBY, a Maine corporation, authorized to do business in the State of Florida, Appellant, v. A.O. ROBERTS, R.C. Campbell and William G. Haynie, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied April 1, 1959.


Attorney(s) appearing for the Case

Greene, Ayres & Greene, Ocala, for appellant.

O.B. McEwan of Sanders, McEwan, Schwarz & Mims, Orlando, W.B. Hunter, Tavares, for appellees.


SHANNON, Judge.

This is an appeal by the defendant from a final decree of the chancellor, decreeing that the equities were with the plaintiffs, ordering the defendant to remove a dam, and permanently enjoining it from obstructing a natural drainage from the lands described in the complaint.

The plaintiffs below, by their bill of complaint, prayed that the chancellor order the defendant to lower a dam on its premises to a certain elevation to permit the surface...

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