93 Iowa 656 | Iowa | 1895
I. Plaintiff owns certain real estate lying south of a public highway. Defendant ownsJand
II. WMle, in some particulars, the evidence is conflicting, we think the following facts are established: Plaintiff and defendant own adjoiMng farms: They are separated by a Mghway running east and west Defendant’s land lies from the center of the Mghway north, and plaintiff’s land lies from the center of the Mghway south. This Mghway was laid out a year prior to the commencement of this action, and prior to the digging of the ditches complained of. The defendant’s land lies Mgher than plaintiff’s, and there is a general slope to the southeast. There is a swale