SCHMITT v. KIRKPATRICK

No. 48420.

63 N.W.2d 228 (1954)

SCHMITT v. KIRKPATRICK.

Supreme Court of Iowa.

Rehearing Denied June 18, 1954.


Attorney(s) appearing for the Case

D. C. Nolan, William M. Tucker, and Edward F. Rate, Iowa City, for appellant.

Hamilton & Cahill, Iowa City, for appellee.


THOMPSON, Justice.

The plaintiff is and has been at all times material the owner of eighty acres of farm land in Johnson County, lying immediately to the west of and adjoining another eighty acres owned by the defendant. The long axis of each eighty acres runs north and south. There is a road running east and west along the north edge of both tracts and the plaintiff's 80 acres is also bounded on the west by a road running north and south.

A natural ditch...

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