DRAPER v. MOSHIER


92 A.2d 715 (1952)

DRAPER et ux. v. MOSHIER et ux.

Court of Chancery of Delaware, New Castle.

December 2, 1952.


Attorney(s) appearing for the Case

Everett E. Borton, Wilmington, for plaintiffs.

Clarence W. Taylor, of Hastings, Stockly & Walz, Wilmington, for defendants.


SEITZ, Chancellor.

Plaintiffs seek a mandatory injunction to abate or discontinue the interference by defendants with a drainage ditch across defendants' land.

Plaintiffs and defendants own adjoining properties on the westerly side of the road leading from Bear to Red Lion. Sometime between 1929 and 1932 — the testimony is in conflict — plaintiffs' predecessor in title sought and procured permission from the defendants' predecessor in title to...

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