Supreme Court of Alabama December 3, 1925, 5 Div. 927. (Moody v. Town of Wetumpka)

ANDERSON, C. J.

The hill of complaint in this ease does not proceed- upon the theory that the respondents’ land was subservient to the natural flow of water, but seeks to restrain said respondents from closing or obstructing a ditch running through their land which the city claims has been used by it as a drain or sewer for over 40 years, and that it has acquired an easement in said ditch by