Herrick v. Moore
Supreme Court of Iowa
Appeal from, Wapello District Court. — C. W. Vermilion, Judge. This case involves the right of the city to enjoin the defendant from the use of a certain strip of land claimed to have been occupied by the defendant for ten years. The strip occupied was a part of the street. The defendant claimed that she had acquired some right to it by adverse possession, acquiescence, or estoppel. Decree for the plaintiff in the court below. Defendant appeals.
1Opinion of the CourtGaynor, J.
1. Highways : estoppel against public in re obstructions. The plaintiff, Mary M. Herrick, and the defendant, Mary E. Moore, occupy adjoining properties ,in the city of Ottumwa. Each faces on what is known as Market Street. This street runs northeast and southwest; but, for the purposes of this case, it will be considered as running north and south. Gara Street runs east and west, and crosses Market Street at right angles. Defendant’s property is at the intersection of Market and Gara Streets, east of Market Street and north of Gara. Both tracts are in what is known in the plat as Lot 11. Lot…
2Cases cited5 opinions
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Orr v. O'BrienSupreme Court of Iowa · 1889
- Bridges v. Incorporated Town of Grand ViewSupreme Court of Iowa · 1913
- Bell v. City of BurlingtonSupreme Court of Iowa · 1886
- Kuehl v. Town of BettendorfSupreme Court of Iowa · 1917
3Cited by15 opinions
- Kennedy v. OlesonSupreme Court of Iowa · 1960
- Trimpl v. MeyerSupreme Court of Iowa · 1955
- Alcorn v. LinkeSupreme Court of Iowa · 1965
- Brewer v. ClaypoolSupreme Court of Iowa · 1937
- Minear v. Keith Furnace Co.Supreme Court of Iowa · 1931
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