DEKLE v. VANN

6 Div. 512.

223 So.2d 30 (1969)

Thomas DEKLE et ux. v. George D. VANN, Jr., et ux.

Supreme Court of Alabama.

Rehearing Denied May 29, 1969.


Attorney(s) appearing for the Case

Whitmire, Morton & Coleman, Birmingham, for appellants.

R. G. Esdale, Birmingham, for appellees.


SIMPSON, Justice.

This is an appeal by the defendants from a judgment entered against them in a suit for alleged wilful, wanton and malicious trespass of land. The complaint consisted of five counts, each alleging that the defendants had trespassed upon the lands of the plaintiff, in that they had maliciously, wilfully and wantonly constructed a wall adjacent to lands of the plaintiffs which obstructed the flow of surface waters, causing the same to back upon and...

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