Seng v. Payne

This is an action to restrain the defendants from exercising an alleged right to enter upon the plaintiff’s land for the purpose of cleaning out a ditch. The defendants prevailed, and the plaintiff appeals.

In 3.882, the defendant Payne owned the northwest quarter of section 20, in township 9 north, of range 3, in York county, and one Hecht owned the west one-half of the northeast one-fourth of said section. Mr. Payne still owns his tract of land. The land in the northwest corner of said section is somewhat lower than the surrounding territory, so that before the ditch, hereinafter referred…