Clare v. Wogan

Foundation for this proceeding is based upon the theory of abandonment. The highway in question was established in 1910, between Sections 32 and 29, in Emmetsburg Township, Palo Alto County. Plaintiff-appellant’s farm consists of 120 acres in Section 32. That real estate was located on the south side of the alleged public thoroughfare for a distance of three quarters of a mile. In width, said way was 66 feet, of which 33 are on each side of the division. On the preliminary petition for this common passage, appellant was a signer, but received no damages; however, another adjacent landowner…