Supreme Court of Iowa January 22, 1897 (Clayton County v. Herwig)

Kinne, C. J.

Appellants’ contention is that the allegations sought to be stricken out, when taken in connection with other parts of the petition, show facts constituting a nuisance, for which a remedy is afforded by sections 4092 and 409B of the Code, and that the action is improperly joined with an action in equity to reform the deed.