Hatton v. Cale
Supreme Court of Iowa
Appeal from Lee District Court. — JIon. Henry Bank, Jr., Judge. Suit in equity to enjoin and restrain defendant from constructing and maintaining a dam in an artificial ditch across certain lands owned by the respective parties. The defendant filed a cross-bill, in which he asked an injunction against the plaintiffs, forbidding them from opening or cleaning out the ditch.
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Appeal from Lee District Court. — JIon. Henry Bank, Jr., Judge. Suit in equity to enjoin and restrain defendant from constructing and maintaining a dam in an artificial ditch across certain lands owned by the respective parties. The defendant filed a cross-bill, in which he asked an injunction against the plaintiffs, forbidding them from opening or cleaning out the ditch. The case was tried to the court upon the issues joined, resulting in a decree for plaintiffs as prayed, and an order dismissing defendant’s counterclaim. Defendant appeals.
1Opinion of the CourtDeemer, J.
Plaintiffs Hatton own the N. y2 of the S. W. % °f section 5, and plaintiff Finnerty the S. y2 of the N. W. y± of the same section. Defendant owns the S. y2 of the N. E. % of section 5, all in the same township and range. It thus appears that plaintiffs own one hundred and sixty acres of land and defendant eighty acres immediately to the east of and adjoining the eighty acres owned by plaintiff Finnerty.' What is known as Tack creek runs in a southeasterly direction through the west forty acres of defendant’s land. Practically all of the entire two hundred and forty acres is in what is called…
2Cases cited17 opinions
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- Wickersham v. OrrSupreme Court of Iowa · 1859
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3Cited by17 opinions
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