Keller v. Miller

F. H. Miller, plaintiff below, instituted proceedings under, the Eminent Domain Act to condemn a right of way *305for a drain ditch upon the land of Lina Keller, defendant below. The land on which this right of way is located will be hereinafter referred to as the Keller north forty.

The defendant filed a cross-petition alleging, in substance, that she is also the owner of the forty acres lying immediately south of the Keller north forty; that a ditch which carries water through plaintiff’s drainage system lies adjacent and contiguous to this south forty, for a distance of a quarter of a mile…