Davenport Mutual Savings Fund & Loan Ass'n v. Schmidt
Supreme Court of Iowa
Appeal from Scott District Court. The Davenport Mutual Saving Fund and Loan Association filed their bill in equity enjoining the defendant, Schmidt, as Supervisor, from opening a certain road through a tract of land owned by said company. ' A demurrer to the petition was sustained, and the plaintiff appeals. cited Cooper v. Sunderland, 3 Iowa, 114; Morrow y. Weed,, 4 Id., 78; Little et al. v. Sinnett, 7 Id., 324; Frazier y.
Read the full summary
Appeal from Scott District Court. The Davenport Mutual Saving Fund and Loan Association filed their bill in equity enjoining the defendant, Schmidt, as Supervisor, from opening a certain road through a tract of land owned by said company. ' A demurrer to the petition was sustained, and the plaintiff appeals. cited Cooper v. Sunderland, 3 Iowa, 114; Morrow y. Weed,, 4 Id., 78; Little et al. v. Sinnett, 7 Id., 324; Frazier y. Steenrod, Id., 340 ; The State of Lowa v. Berry, 12 Id.,- 58; Jjong et al. v. Burnett, 13 Id., 28 ; Findall y. Meeker, 1 Scam., 139 ; Myers y. Sims, 4 Id., 500 ; Ball et…
1Opinion of the Court
Baldwin, Ch. J.
It is claimed that the road about to be opened was located while the land was owned by one Wotz, and that the complainants purchased the land, after the location was made. After the bill was filed and an injunction issued, Claus Fuhlenburg purchased the said land of the said company, and, upon petition, was, by order of the Court, subrogated to all the rights in this proceeding, of the original petitioners.
It is claimed by the complainants, in their petition, that the defendant had no right to open said road, as the County *215Court, which established the same, acted without any…
2Cases cited1 opinion
- Cooper v. SunderlandSupreme Court of Iowa · 1856
3Cited by4 opinions
- Western Railway v. Ala. Grand Trunk RailroadSupreme Court of Alabama · 1892
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- Knowles v. City of MuscatineSupreme Court of Iowa · 1866
- State v. LaneSupreme Court of Iowa · 1868