Schneider v. Cross

Cross was plaintiff below and obtained a permanent injunction restraining defendant Schneider from interfering with the connection of Cross’s drain with that of Schneider. Schneider moves for a supersedeas.

His first point is that the complaint states no cause of action. It alleges in substance that plaintiff owned 320 acres north of the Loveland-Greeley road, and defendant owned 160 acres south thereof; that in 1899 plaintiff made an oral agreement with one Eyan, who then owned the said 160, to build an underground drain to drain both farms; that Eyan was to construct the drain from the…