Gentry v. Weaver

The opinion of the court was delivered by

Dawson, J.:

This was an action between adjoining landowners, wherein the plaintiff sued the defendant for a mandatory injunction *692to remove a dike which the latter had constructed across a swale on his land to prevent the natural flow of water from the land of plaintiff.

It appears that for many years the defendant, Nicholas T. Weaver, has been the owner of the southeast quarter of section 31, township 7, range 5, in Cloud county. In 1923 plaintiff acquired the southwest quarter of the same section. There is a shallow, intermittent watercourse, known as…