Northwest Realty Co. v. Jacobs

ZASTROW, Justice.

Northwest Realty Co. (plaintiff) sought an injunction requiring Ted and Olive Jacobs (defendants) to remove large amounts of fill .dirt from the property in dispute. Defendants counter-claimed seeking a judgment quieting title to the property in them and enjoining the plaintiff from interfering with defendants’ use and enjoyment of the property in question. From the judgment in favor of plaintiff, defendants appeal. We reverse.

The facts of this case were stipulated to between the parties and are essentially as follows. The Iowa Irrigation Ditch Company (Iowa Ditch) was…