Thiessen v. Claussen
Supreme Court of Iowa
Appeal from Clinton District Court.-— Hon. P. B. Wolee, J udge. Action in equity to restrain defendants from maintaining an obstruction in a swale or watercourse which affords, as is alleged, natural drainage for surface water from plaintiff’s land. There was a decree dismissing the bill, and plaintiff appeals.
1Opinion of the CourtWeaver, C. J.
Plaintiff is the owner of the N. % of the N. % of section 5, township 82, range 5, in Clinton county, Iowa, and defendants own the land lying immediately north of the tract described. The plaintiff alleges that the surface water from his land naturally drains to the northward through a depression or swale upon and across the land of the defendants, and that the latter have wrongfully erected a dam or dike across the depression or swale near the partition line between said tracts, causing the water in times of flood to be cast back upon his land, to his injury. The defendants deny the alleged…
2Cases cited2 opinions
- Brown v. ArmstrongSupreme Court of Iowa · 1905
- Matteson v. TuckerSupreme Court of Iowa · 1906
3Cited by5 opinions
- Fennema v. MenningaSupreme Court of Iowa · 1945
- Archer v. J. S. Compton, Inc.Supreme Court of Iowa · 1947
- Droegmiller v. OlsonSupreme Court of Iowa · 1949
- Loveless v. RuffcornSupreme Court of Iowa · 1909
- Pate v. RogersSupreme Court of Iowa · 1922