Orcutt v. Woodard
Supreme Court of Iowa
Appeal from Wright District Court.— Hon. J. H. Richard, Judge. Suit in equity to restrain the defendants, John Woodard, Sr., and John Woodard, Jr., from interfering with or obstructing the outlet to a tile drain. The owner of the land upon which the outlet is located intervened. The petition of intervention was stricken from the files, as was also the defendants’ amendment to answer and cross-bill.
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Appeal from Wright District Court.— Hon. J. H. Richard, Judge. Suit in equity to restrain the defendants, John Woodard, Sr., and John Woodard, Jr., from interfering with or obstructing the outlet to a tile drain. The owner of the land upon which the outlet is located intervened. The petition of intervention was stricken from the files, as was also the defendants’ amendment to answer and cross-bill. The case was then beard on its merits, and judgment entered restraining the defendant John Woodard, Sr., as prayed, and dismissing the suit as to John Woodard, Jr. The defendants and intervener…
1Opinion of the CourtSherwin, J.
The plaintiff is the owner of the E. % of the N. E. % of section 23, township 90, range 26, and the intervener is the owner of the west half of the same quarter section. In the northeast corner of the plaintiff’s land is a lake covering about twenty-four acres, including a part of the public highway, which extends along the entire east side of said farm. Some twenty-five years ago a six-inch tile drain was laid from said lake diagonally across the north half of the plaintiff’s farm and extending about twenty rods into the intervener’s land on the west, where it was left in an unfinished…
2Cases cited5 opinions
- Howe & Co. v. JonesSupreme Court of Iowa · 1881
- Des Moines Insurance Co. v. LentSupreme Court of Iowa · 1888
- Young v. TuckerSupreme Court of Iowa · 1874
- Ringen Stove Co. v. BowersSupreme Court of Iowa · 1899
- Cooper v. MohlerSupreme Court of Iowa · 1898
3Cited by1 opinion
- Bartlett v. Bishop of NevadaNevada Supreme Court · 1939