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This section contains the nature of the case and procedural background.

P held adverse possession to certain lands for 15 years when the sanitary district caused the lands to be flooded in 1900 doing permanent damage. In 1905, P's adverse possession ripened into title and immediately thereafter P sued to recover damages for the permanent injury to his land. The evidence of damage was that the works of the sanitary district caused the land to be overflowed in each year to the extent that the land could not be farmed. Prior to 1900, the land had been used as a farm. The verdict went to P for $40,009 which included counsel fees. The trial court issued a jury instruction that allowed P to claim damages while he was under adverse possession. D appealed.

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