Mississippi Supreme Court, 1886

Ferris v. Wellborn

Mississippi Supreme Court · Decided October 15, 1886 · Campbell

64 Miss. 29

Cases that cite this one

12 later published cases cite this decision.

Indian Creek Drainage Dist. No. 1 v. Garrott (Miss. 1920)
Lauck v. Gilbert (Miss. 1965)
Palmer, Et Ux. v. Massengill (Miss. 1952)
Crenshaw v. State (Miss. 1911)
Georgia Pacific Corp. v. Armstrong (Miss. 1984)
Hall v. Wood (Miss. 1983)
Haisch v. SOUTHAVEN LAND COMPANY (District Court, N.D. Mississippi 1967)
White v. N. C. & St. L. Ry. (Tenn. Ct. App. 1925)
Jones v. George (Miss. 1921)
In re German Ditch & Reservoir Co. (Colo. 1913)
Belzoni Drainage Commission v. Winn (Miss. 1910)
Rait v. Furrow (Kan. 1906)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The case made by the bill is sufficient to maintain the jurisdiction of the chancery court, and the demurrer was properly overruled.

*34The proof is that Prairie Creek is a natural channel, one-half or three-fourths of a mile long, with defined bed and banks, of varying width and depth, through which water is conveyed and discharged into the low land adjacent to Plum Creek. It is undoubtedly a water-course whenever there is water to run in it, and the fact that it is most of the time dry or not running is not enough to deprive it of the character of a water-course, with its incidents, among which is the right of the riparian owner to have it remain as nature made it as a drain for the adjacent land.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.