Legal Opinion

Burroughs v. City of Cherokee

Supreme Court of Iowa

Decided November 15, 1906PublishedCited by 40 opinions

Appeal from Cherokee District Court. — How. Wm. Hutchinson, 'Judge. Action to enjoin defendants from interfering with plaintiffs fences across certain alleged streets. Decree as prayed. Defendants appeal.

1Opinion of the CourtLadd, J.

1. Plats: dedication. The plat of Burroughs’ Magnetic Spring addition to New Cherokee was properly acknowledged and filed for record May 16, 1882, and this, under the statute then N force, was “ equivalent to a deed in fee simp]e 0f g-uCh portion of the premises platted as is on such, plat set apart for streets-or other public use.” *431Section 561, Code 1873; Coe College v. City of Cedar Rapids, 120 Iowa, 544. At that time New Cherokee was an incorporated town, and acceptance by ordinance was not .essential. Burlington, C. R. & N. R. Co. v. City of Columbus Junction, 104 Iowa, 110, section 527,…

2Cases cited30 opinions

  1. City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
  2. City of Jacksonville v. Jacksonville Railway Co.Illinois Supreme Court · 1873
  3. Mayor of Baltimore v. FrickCourt of Appeals of Maryland · 1895
  4. Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
  5. Meier v. Portland Cable Railway Co.Oregon Supreme Court · 1888

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3Cited by40 opinions

  1. Quinn v. BaageSupreme Court of Iowa · 1907
  2. Ramstad v. CarrNorth Dakota Supreme Court · 1915
  3. Bear v. City of Cedar RapidsSupreme Court of Iowa · 1910
  4. Katz v. Town of West HartfordSupreme Court of Connecticut · 1983
  5. Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942

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