Barclay v. Abraham
Supreme Court of Iowa
Appeal from, Boone District Court. — Hoh. J. R. Whitaker, Judge. Plaintiee is owner of S. S. W. £ of section 10, and N. $ N. W. £ of section 15, township 82 N., of range 25 W. of the fifth P. M. The defendant owns the N. -J S. W. ¿ of section 10. A run, known as “Big Creek,” nearly north and south, passes through both farms to the south.
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Appeal from, Boone District Court. — Hoh. J. R. Whitaker, Judge. Plaintiee is owner of S. S. W. £ of section 10, and N. $ N. W. £ of section 15, township 82 N., of range 25 W. of the fifth P. M. The defendant owns the N. -J S. W. ¿ of section 10. A run, known as “Big Creek,” nearly north and south, passes through both farms to the south. Following the trend of this creek for three or four miles in a northwesterly and southeasterly direction, and about one-half mile wide, flowing wells are obtained at a uniform depth, considering the elevation of the surface. The plaintiff has lived some time…
1Opinion of the CourtLadd, J.
*6221. SUBTERRAN-ban water course: diversion. *621The particular district within which flowing wells may he obtained at a depth varying from one hundred to two hundred feet is three or four miles in length by about one-half mile in width, following the direction of the creek. Within' this area there aré at least eleven wells which are now or have been flowing above the earth’s surface. That of plaintiff, near his barn, is one hundred and fifty-two feet deep. The well sunk by defendant is only one hundred and seven feet deep, but on ground about as much lower as the difference. Its casings are three…
2Cases cited23 opinions
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