BELLVILLE v. PORTER

No. 51315.

130 N.W.2d 426 (1964)

Oscar BELLVILLE and Fern Bellville, Plaintiffs-Appellants, v. Virgil PORTER, Defendant, Iowa State Highway Commission, Intervenor-Appellee, Mary Louise Schwertley, John Athey, Roscoe Athey, C. C. Lukvosky, Sarah F. Thompson, Regina C. Rowden, Victor O'Connor, Sara F. Kocour, Ruth O'Connor, Guardian of Michael W. O'Connor, a minor, and Ruth O'Connor, Intervenors-Appellees.

Supreme Court of Iowa.

September 22, 1964.


Attorney(s) appearing for the Case

Prichard & Prichard, Onawa, and Wm. F. Welch, Logan, for plaintiffs-appellants.

Evan Hultman, Atty. Gen., James E. Thomson, Ames, and Michael Murray, Logan, for intervenor-appellee Iowa State Highway Commission.

Fred E. Egan and Kenneth C. Acrea, Missouri Valley, for intervenors-appellees.


THORNTON, Justice.

This as a watercourse case. Two are involved, one a ditch, well-established and recognized by all parties, known as the Bellville (plaintiffs') Ditch, the other a slough, through which plaintiffs contend overflow water from the Bellville Ditch flows north and west through the Porter forty.

Plaintiffs started this action to compel defendant Porter to remove a dike across the slough. During the pendency of the action plaintiffs purchased Porter...

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