John F. Stroud, Jr., Judge. Appellants argue that the chancellor erred in ruling that they failed to establish a boundary by acquiescence between their property and appellee's. They also contend that the chancellor should have enjoined appellee fromdraining water onto their property. On cross-appeal, appellee argues that the chancellor should have granted him an easement over appellant's land. We affirm on direct appeal and reverse and remand on cross-appeal.
Appellants own approximately ninety-three acres in Jackson County.
Directly south of their property are three contiguous tracts owned by Thaxton on the west, Howard on the east and appellee in the middle. Appellee's tract contains forty acres. The northern borders of Thaxton's and Howard's tracts are marked by levees constructed on their property. Appellants claim that appellee's northern border, though not marked by a levee or other physical monument, is in line with the Thaxton and Howard levees by virtue of many years of acquiescence. Appellee claims that his northern border lies approximately fifty feet north of the imaginary line that runs between the Thaxton and Howard levees.