Vannest v. Fleming
Supreme Court of Iowa
Appeal from MahasTca District Court. — Hon. J. K. Johnson, Judge. Action in chancery to enjoin defendant from interfering with, the flow of water from plaintiff’s land upon the adjoining lands of defendant. There was a decree granting part of the relief prayed for by plaintiff, and refusing part. Both parties appeal, — the defendant first, and he is therefore designated as “appellant.”
1Opinion of the CourtBeck, J.
I. The petition is in two counts. The first alleges that plaintiff owns one hundred and sixty acres of land, and defendant owns an eight-acre tract adjacent thereto, on the west; that for many years there has been upon plaintiff5 s land a natural drain, or open ditch, two or three feet deep, being a natural watercourse, which begins near the center of the track, and runs in a southwesterly direction, crossing the division line of defendant’s land about, twenty rods north of the southwest corner thereof, and thence across it; that this drain or water-course is the natural outlet of the water…
2Cases cited5 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Cook v. C., B. & Q. R. Co.Supreme Court of Iowa · 1875
- Beatty v. GregorySupreme Court of Iowa · 1864
- Harkness v. BurtonSupreme Court of Iowa · 1874
- Anderson v. SimpsonSupreme Court of Iowa · 1866
3Cited by55 opinions
- San Gabriel Valley Country Club v. County of Los AngelesCalifornia Supreme Court · 1920
- Dorr v. SimmersonSupreme Court of Iowa · 1905
- Wharton v. StevensSupreme Court of Iowa · 1891
- McKeon v. BrammerSupreme Court of Iowa · 1947
- Hull v. HarkerSupreme Court of Iowa · 1906
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