Erickson v. Tyler

Plaintiffs Emil Erickson and Elna Erickson brought this action to enjoin defendant Lucile Tyler from maintaining a ditch constructed on her land to carry surface water. She impleaded defendants Mildred Randahl Holtorf and Carl Holtorf. The trial court dismissed the action. ■ We affirm.

Plaintiffs are the owners of the east half of the southwest quarter of Section 24, Township 13 North, Range 6 West of the 6th P. M., in Hamilton County. Lucile Tyler is the owner of the northeast quarter of the northwest quarter of Section 25 in the same township, and the defendants Holtorf are the owners of the…