Schmitt v. Kirkpatrick

— The plaintiff is and has been at all times material the owner of 80 acres of farm land in Johnson County, lying immediately to the west of and adjoining another 80 acres owned by the defendant. The long axis of each 80 acres runs north and south. There is a road running east and west along the north edge of both tracts and the plaintiff’s 80 acres is also bounded on the west by a road running north and south.

A natural ditch, which comes from the north, enters the plaintiff’s land at a point approximately 18 rods east of the intersection formed by the above mentioned roads. The ditch crosses…