Hunt v. Smith

The parties are the owners of adjoining riparian farm lands along the Des Moines River, in Swan Township, Marion County, Iowa. Plaintiff’s land is in Sections 23, 24, 25, and 26, and the’ land of the defendant is in Sections 24 and 25, and lies directly east of the plaintiff’s. Plaintiff’s land is the upper land, and with respect to drainage is the dominant estate, and the land of defendant is the servient estate. To clarify the statement of facts and to aid in understanding the matters involved we set out a drawing reproduced from the testimony and plats received in evidence. It is…