Lehner v. Kozlowski

To overcome a serious state of affairs due to the presence of surface waters and a rather extensive marsh, the appellant shortly after purchasing a farm, originated a plan for draining his land and to some extent benefiting the respondent’s land. In carrying out this plan, he succeeded in getting the easement set forth in the statement of facts. His right to the relief he now seeks depends entirely upon the scope and meaning of this 1913 agreement.

The condition that existed when appellant became owner had its source in the- natural surroundings. The appellant testified that “before the…