DRAPER, J.
The special findings disclose that on August 10, 1933, the appellee owned a quarter section of land in Clay County. Fred C. Froderman owned the quarter section adjoining to the north, and Walter L. Brand owned the west half of the quarter section which adjoined the land of Fred C. Froderman to the east. A pond of surface water stood partly on the land of Fred C. Froderman and partly on the land of Walter L. Brand. At a point on the land of Brand the pond...
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