Rector v. Christy
Supreme Court of Iowa
Appeal from Davis District Court. — Hon. M. A. Roberts, Judge. Piaintiees, claiming that part of a certain established public highway across their land had been vacated and abandoned, inclosed the same, by a fence, with their land.
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Appeal from Davis District Court. — Hon. M. A. Roberts, Judge. Piaintiees, claiming that part of a certain established public highway across their land had been vacated and abandoned, inclosed the same, by a fence, with their land. The road supervisor, claiming that part of said highway had not been vacated nor abandoned, gave notice to the plaintiff to remove said fence, and, they failing to do so, he was about to remove the same, whereupon this action was brought to perpetually enjoin him from doing so. Upon final hearing decree was rendered making the temporary injunction theretofore…
1Opinion of the CourtGiven, C. J.
The following is a correct plat of the place in question:
*473The public highway existed from A to O by way of E and D February 5, 1880, T. J. Dunlavey and 26 others petitioned the board of supervisors for a change of said highway so as to run from A to 0 by way of B; “ also to vacate that portion of the public highway that runs in an angling direction across the northeast quarter of the northeast quarter of section 3, township 69, range 13 west.” A commissioner was appointed, and reported, “I would respectfully recommend that said change and vacation be made.” Notice was given “to whom it may…
2Cases cited4 opinions
- Davies v. HuebnerSupreme Court of Iowa · 1877
- Brook v. HortonCalifornia Supreme Court · 1886
- Orr v. O'BrienSupreme Court of Iowa · 1889
- State v. ReesaWisconsin Supreme Court · 1883
3Cited by8 opinions
- Clare v. WoganSupreme Court of Iowa · 1927
- Heller v. CahillSupreme Court of Iowa · 1908
- Sheridan County v. SpiroWyoming Supreme Court · 1985
- Hatch v. BarnesSupreme Court of Iowa · 1904
- Arthur v. Wright CountySupreme Court of Iowa · 1921
3 more not listed; retrieve them via the Exa API.