Marquardt v. Stark

Frank T. Gallagher, Justice.

Appeal from an order denying defendants’ motion to vacate and set aside findings of fact, conclusions of law, and order for judgment and for a new trial.

Plaintiff originally brought this action in district court in 1945 to enjoin and restrain defendants from permitting obstructions in that portion of a ditch which runs through defendants’ premises and to compel them to reopen the ditch where it passes through their land.

Plaintiff is the owner of the NW % of section 12, and defendants are the owners of the SE of section 1, all in Moltke township,. Sibley county,…