Moseley (P) and Bohn entered into an agreement to build and maintain a drainage ditch on Bohn's land. This agreement was entered into in 1896 and duly recorded in the Miami County Recorder's office. Moseley's farm eventually came into the hands of Edith Moseley (P), and the Bohn land was eventually owned by Gates (D). P began to notice that her farm lacked drainage and traced the problem to the drainage ditch. P demanded under the agreement that D fix the drain tile. D refused and petitioned the Miami County Drainage Board to make the repairs and access both parties equally. P then sued D. Judgment was entered for D and P appealed.

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