MEHLING v. DEINES

No. 39142.

214 N.W.2d 627 (1974)

191 Neb. 287

Bennie MEHLING and Irene Mehling, Appellants, v. Arthur DEINES and Leona Deines, Appellees.

Supreme Court of Nebraska.

February 7, 1974.


Attorney(s) appearing for the Case

Lyman, Meister & Olsen, Scottsbluff, for appellants.

Robert L. Gilbert, Morrill, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


BOSLAUGH, Justice.

This action arose out of a dispute concerning a drainage ditch. The plaintiff, Bennie Mehling, and his wife own the north one-half of the southwest quarter of Section 27, Township 24 North, Range 57 West of the 6th P.M., in Sioux County, Nebraska. The defendant, Arthur Deines, and his wife own the south one-half of the same quarter-section.

There is a large drainage ditch known as the "Dutch Flats Drain" which runs along the south edge of...

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