Hanger v. City of Des Moines
Supreme Court of Iowa
Appeal from Pollc District Court. — IIoN. W. E. CoNead, Judge. BetweeN Ninth and Tenth' streets are lots 11 and 12, abutting what is now North street, running east and west. One Young was owner of lot 12 and the west thirty-five and one-half feet of lot 11, and in conveying inserted this provision in the deed: “Two rods on north and two rods on the west are to be given off for streets when the owners of opposite property shall give a like quantity.”
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Appeal from Pollc District Court. — IIoN. W. E. CoNead, Judge. BetweeN Ninth and Tenth' streets are lots 11 and 12, abutting what is now North street, running east and west. One Young was owner of lot 12 and the west thirty-five and one-half feet of lot 11, and in conveying inserted this provision in the deed: “Two rods on north and two rods on the west are to be given off for streets when the owners of opposite property shall give a like quantity.” In 1872 the county auditor prepared and filed a plat, designating the 25 feet at the north end of lot 12, as “Lot 79,” and that at the north end…
1Opinion of the CourtLadd, J.
The evidence, though somewhat conflicting, sustains the finding that the strip of land twenty-five feet ini width, forming the south half of what is known as “North - Street,” was dedicated as a highway by the owner, and accepted by the public. The intention to dedicate existed as early as 1858, when Young inserted this clause in his deed to White: “Two rods on the north and two rods on the west are to be given off for streets where the owners of, opposite property shall give a like quantity.” It was also included in White’s deed to Jones in 1866, and in that, *482of Jones to> Edge in 1869. The…
2Cases cited11 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Onstott v. MurraySupreme Court of Iowa · 1867
- Simplot v. City of DubuqueSupreme Court of Iowa · 1878
- Duncombe v. PowersSupreme Court of Iowa · 1888
- Ely v. ParsonsSupreme Court of Connecticut · 1886
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3Cited by10 opinions
- Ramstad v. CarrNorth Dakota Supreme Court · 1915
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Moreno v. StateCourt of Criminal Appeals of Texas · 1911
- Dodge v. HartSupreme Court of Iowa · 1900
- Hull v. City of Cedar RapidsSupreme Court of Iowa · 1900
5 more not listed; retrieve them via the Exa API.