Maxwell v. McCall
Supreme Court of Iowa
Appeal from Washington District Court. — How. W. G-. Clements, Judge. This is au action to establish the right of plaintiff to an easement for road purposes over the real estate of the defendants. There was a decree for the plaintiff. The defendants appeal. —
1Opinion of the CourtEvans, J.
The defendant Marie McCall is the surviving widow of J. E. McCall, deceased, who died without issue. The other defendants are collateral heirs and devisees under his will. The claim of the plaintiff is based upon a deed executed and delivered to him by J. E. McCall on March 21, 1895. The following is a copy of so much of the deed as is material for our present consideration: “Know all men that I, J. E. McCall, in consideration of the sum of $100 in hand paid by J. M. Maxwell do hereby grant, bargain, sell and convey unto the said J. M. Maxwell, his heirs and assigns, forever, the following…
2Cases cited22 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Barlow v. Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1870
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3Cited by13 opinions
- Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915
- Caquelin v. United StatesUnited States Court of Federal Claims · 2015
- Roxana Petroleum Corp. v. CornCourt of Appeals for the Eighth Circuit · 1928
- Burgess v. United StatesUnited States Court of Federal Claims · 2013
- Lazenby v. LazenbySupreme Court of Alabama · 1934
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