L. A. Brumley v. A. Dorner

EDWARDS, Circuit Judge. -- A. Dorner filed his bill in the court below setting forth that he was the owner of thirty (30) acres of land, which is described in his bill, in Seminole County, against Brumley et al. County Commissioners of Seminole County, and B. E. Takach and her husbabd, G. L. Takach, alleging that B. E. Takach and her husband were the owners of thirty (30) acres of land lying directly west of the property of the complainant below. Both tracts of land being bounded on the north by a highway of Seminole County known as Celery Avenue; that directly north of the two tracts of land lay Lake Monroe, a navigable lake of Seminole County; that the natural drainage and course of the water that fall on the two tracts of land was north to said Lake Monroe; that the Board of County Commissioners in their capacity as Commissioners built up Celery Avenue so as to obstruct the natural flow of the water from the two tracts of land; that they built an embankment or fill for Celery Avenue and provided no outlet through said artificial fill to allow the water to escape from the land of the two parties through its natural course to Lake Monroe, but constructed a ditch on south side of Celery Avenue to receive the water from the land and that the defendant, Takach, constructed a ditch along the north side of her property and