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McCAULEY v. PHILLIPS

Record No. 740840.

219 S.E.2d 854 (1975)

Patrick O. McCAULEY and Thyrza Brooking McCauley v. Forrest A. PHILLIPS and Raymond Phillips.

Supreme Court of Virginia.

December 1, 1975.

Attorney(s) appearing for the Case

Paul M. Peatross, Jr., Charlottesville (Michael & Dent, Ltd., Charlottesville, on brief), for appellants.

George Gilmer, Sr., Charlottesville (Gilmer & Dezio, Charlottesville, on brief), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.

COCHRAN, Justice.

In January, 1972, Patrick O. McCauley and Thyrza Brooking McCauley, his wife, filed their bill of complaint in the trial court seeking to enjoin Forrest A. Phillips and Raymond Phillips from channeling surface water through a discharge pipe onto the McCauleys' land and to recover $2,500 for damages alleged to have been suffered. After a hearing on April 18, 1972, the chancellor, by final decree entered...

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