Drake v. Schoenstedt

This was a suit by appellant to restrain appellee from draining into a tile ditch, to the injury of appellant’s land, certain waters which otherwise would flow in a different direction.

The facts as found by the court show: That appellant owns thirty acres of land lying immediately south of and below a forty-acre tract owned by appellee; that, in 1888, the board of county commissioners constructed a six-inch tile drain, beginning in appellee’s said tract and eight rods north of the line dividing his land from appellant’s, thence south through said eight rods of appellee’s land and through…