Legal Opinion

De Nefe v. Town of Agency City

Supreme Court of Iowa

Decided July 1, 1909Published

Appeal from Wapello District Court. — IIon. D. M, Anderson, Judge. Suit in equity to restrain the defendants from opening an alleged street. Judgment for the plaintiffs. The defendants appeal.

1Opinion of the CourtSherwin, J.

Ann Street is a north and south street in the defendant town, and North Street is an east and west street intersecting Ann Street north of the old roadbed and right of way of the Chicago, Burlington & Quincy Bailroad, the general direction of which at the place in question is northwest and southeast. This old road crosses what would be an extension of North Street about two blocks west of Ann Street. The plaintiffs are the owners of all of the property north of this old road on both sides of North Street west of Ann Street. About a year before they commenced this action, they erected a fence…

2Cases cited2 opinions

  1. Porter v. StoneSupreme Court of Iowa · 1879
  2. Town of Edenville v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1889

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