Loveless v. Ruffcorn
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. N. W. Macy, Judge. Two cases were tried in the court below upon the same evidence. An appeal was taken in each case by the same appellant, and both appeals are presented here upon one record. Both cases involve the question of the right of appellant to cut a levee or embankment, which has been maintained for fifty years.. The levee in question constituted also the grade of a highway.
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Appeal from Harrison District Court. — Hon. N. W. Macy, Judge. Two cases were tried in the court below upon the same evidence. An appeal was taken in each case by the same appellant, and both appeals are presented here upon one record. Both cases involve the question of the right of appellant to cut a levee or embankment, which has been maintained for fifty years.. The levee in question constituted also the grade of a highway. In pursuance of permission, granted by the board of supervisors, the appellant cut the embankment, and placed a culvert therein at his own expense. The defendants in…
1Opinion of the CourtEvans, C. J.
The appellant is the owner of the S. E. % of section 12, and the N. E. ^4 of section 13, in, Morgan township, Harrison County. This is a part of a large tract of nearly level land lying between the Soldier River and the Missouri River. On that part of the tract lying next to the Soldier River there was a slight inclination in the surface of the ground south and east toward the Soldier River. On the westerly side of the tract there was a slight inclination south and west toward the Missouri River. The difference in elevation, however, was so slight that, prior to the construction of the levee…
2Cases cited6 opinions
- Brown v. ArmstrongSupreme Court of Iowa · 1905
- Matteson v. TuckerSupreme Court of Iowa · 1906
- Railway Co. v. MossmanTennessee Supreme Court · 1891
- Sneed v. JenkinsTennessee Supreme Court · 1891
- Geneser v. HealySupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McKeon v. BrammerSupreme Court of Iowa · 1947
- Hatton v. CaleSupreme Court of Iowa · 1911
- Ehler v. StierSupreme Court of Iowa · 1927
- Elliott v. County of WoodburySupreme Court of Iowa · 1913
- Wallis v. Board of SupervisorsSupreme Court of Iowa · 1911