Fuss v. Franks

ROSE, Justice.

This ease involves a dispute among landowners over the right to seepage or waste water first used upon the lands of the Bremers and appellants, Fusses and Baum-gartner, and thereafter conveyed to other non-adjoining lands leased and farmed by Fusses. Appellee, Franks, interrupted this use by diverting the escaped water to his own property — thus the controversy.

The case was disposed of upon the court’s judgment of dismissal. We will affirm in part, reverse in part, and remand.

*19John and Martha Fuss, husband and wife, and Myrtrice Baumgartner, appellants herein, together with Dale…