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McCAUSLAND v. JARRELL

No. 10355.

68 S.E.2d 729 (1951)

McCAUSLAND v. JARRELL et al.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1951.

Rehearing Denied February 22, 1952.

Dissenting Opinion December 18, 1951.

Attorney(s) appearing for the Case

William H. Rardin, Point Pleasant, Jackson, Kelly, Morrison & Moxley, and David D. Johnson, Charleston, for appellant.

A. G. Mathews, Grantsville, Oliver D. Kessel, Ripley, for appellees.

HAYMOND, Judge.

This suit in equity was instituted in the Circuit Court of Mason County, in December, 1949, by the plaintiff, John McCausland, the owner of a large tract of land on the Great Kanawha River in that county, to compel the defendants, Daniel R. Jarrell and Martha E. Jarrell, his wife, the owners of a tract of land adjoining and lying west of the plaintiff's land, to reopen a small stream of water on the land of the plaintiff which continued upon and over...

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