WENKE, Justice.
John J. Rudolf and Alice Rudolf, husband and wife, brought this action in the district court for Dawson County against J. M. Atkinson. The purpose of the action is to compel the defendant to fill a ditch that he has constructed on his land; to permanently enjoin him from constructing or maintaining a ditch or doing anything else on his land that will cause the water from a large pond located thereon to drain onto plaintiffs' land; and to recover for...
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