Bolinger v. Moorhouse

The opinion of the court was delivered by

Allen, J.:

The action was for a mandatory injunction to compel defendant to fill a ditch and to remove an embankment which it was alleged diverted surface waters. The appeal is from the order and decree granting the injunction.

The court made findings of fact and returned conclusions of law. The findings, with certain changes, made on final hearing, are as follows:

“1. The plaintiff and defendant are owners of adjoining farms located a few miles southwest of Cheney, Kan. The defendant’s farm is located in Sedgwick county and the plaintiff’s farm is…