Jones v. Stover
Supreme Court of Iowa
Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. Suit in equity to enjoin defendants from casting water through a tile drain upon plaintiff’s land, to require them to take up and remove the tile and fill the ditch, and for damages. Upon issues tendered by defendants to which we shall presently refer the case was tried to the court, resulting in a decree dismissing plaintiff’s petition, and she appeals.—
1Opinion of the Court
Deemer, J.—
Plaintiff and defendants are owners of adjacent tracts of land; plaintiff obtaining her title through one Fisher, and defendants theirs from one Jeremiah Stover. Plaintiff claims that defendants gathered the water upon their premises and conveyed the <same through a tile ditch or drain away and out from its natural course and emptied it upon her land, causing her great damage. Defendants say that their grantors, by an agreement with Fisher, constructed the tile drain in question from the northeast to the southwest of their land, to a place where an open ditch on Fisher’s land…
2Cases cited12 opinions
- Woodward v. SeelyIllinois Supreme Court · 1849
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
- Pifer v. BrownWest Virginia Supreme Court · 1897
- Foot v. New Haven & Northampton Co.Supreme Court of Connecticut · 1854
- Vogt v. City of GrinnellSupreme Court of Iowa · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Falcon v. BoyerSupreme Court of Iowa · 1913
- Hatton v. CaleSupreme Court of Iowa · 1911
- Ruthven v. Farmers Co-operative Creamery Co.Supreme Court of Iowa · 1908
- Pascal v. HynesSupreme Court of Iowa · 1915
- Morse v. RhinehartSupreme Court of Iowa · 1923
3 more not listed; retrieve them via the Exa API.