Rupp v. Kirk

Stiger, J.—

I. Plaintiff and defendants, other than appellant Kirk, are the riparian owners of land along the Missouri River in Monona county. In 1902 plaintiff purchased 200 acres, at which time there was high land between his land and the river. From 1902 to 1927 the river gradually cut to the east, cutting and washing away about 80 acres of plaintiff’s land. During this general movement of the river to the east it would occasionally recede, forming bars adjacent to appellee Rupp’s land.

In 1927 the river cut appreciably to the east and formed the present high bank on appellee Rupp’s land.…