Ehler v. Stier

A statement of - the facts is first important. Near the land soug’ht to be subjected to an alleged easement is the Soldier River, flowing in a southwesterly direction. Julius Ehler, plaintiff and appellant, and Ludwig H. Johannsen, defendant and appellee, owned . . farms commencing at a point gust north of said stream, and extending for a distance of one-half mile into the higher ground. Between these holdings is a public road, running north and south. Appellant’s land is to the east thereof, and appellee Johannsen’s to the west. Surface water follows a draw on Johannsen’s land in a southerly…