Kaufman v. Lenker
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. F. O. Blusón, Judge. Action in equity to enjoin the defendants from easting surface water upon plaintiff’s land. The defendants pleaded that they had the right to do so, under the law, and, under the issues joined, the case was tried to the court, resulting in a decree for plaintiff, and defendants appeal.
1Opinion of the CourtDeemer, J.
This is a controversy between the proprietors of adjoining tracts of land regarding the right of the defendants to drain certain ponds, upon their own land through an eight-inch tile onto and upon the lands of the plaintiff.
The defendants’ lands lie north of and abut upon the lands owned by the plaintiff, and the general course of drain*690age is toward the south and southeast; the land of plaintiff being slightly lower than that belonging to the defendants. On defendants’, north forty acres there are two ponds, one with an area of two and three-tenths acres, to what is called the overflow line…
2Cases cited9 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Hull v. HarkerSupreme Court of Iowa · 1906
- Matteson v. TuckerSupreme Court of Iowa · 1906
- Sheker v. MachovecSupreme Court of Iowa · 1908
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3Cited by7 opinions
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Schmitt v. KirkpatrickSupreme Court of Iowa · 1954
- Schwartz v. Wapello CountySupreme Court of Iowa · 1929
- Conklin v. City of Des MoinesSupreme Court of Iowa · 1918
- Beers v. Incorporated Town of Gilmore CitySupreme Court of Iowa · 1924
2 more not listed; retrieve them via the Exa API.