Legal Opinion

Ladd v. Osborne

Supreme Court of Iowa

Decided January 25, 1890PublishedCited by 16 opinions

Appeal from, Greene District Court. — Hon. J. H. M a comber, Judge. This is an action in equity by which the plaintiff seeks to restrain the defendants from opening fences upon plaintiff’s land, and traveling across the same, upon a claim made by the defendants that there is a public highway over and upon the premises. There was a full hearing upon the merits, and a decree was entered for the plaintiff. Defendants appeal.

1Opinion of the Court

Rotheock. C. J.

1. Injunction: trespass: equitable jurisaietion.

I. It is averred in the petition that the defendant W. D. Osborne “has unlawfully entered upon and travelled over the said . „ ^ , .. - premises, * * * and has thrown down, torn out and cut the fences surrounding the described premises belonging to your petitioner herein, although notified repeatedly to desist from so doing; that, in spite of the remonstrations of said plaintiff, the said defendant herein has continued to throw down, tear out and cut said fences, and travel over the said premises, belonging to said plaintiff, and…

2Cases cited4 opinions

  1. City of Council Bluffs v. StewartSupreme Court of Iowa · 1879
  2. Kraut v. CrawfordSupreme Court of Iowa · 1865
  3. Musser v. HersheySupreme Court of Iowa · 1876
  4. Bolton v. McShaneSupreme Court of Iowa · 1885

3Cited by16 opinions

  1. Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
  2. Sizor v. City of LogansportIndiana Supreme Court · 1898
  3. Holmes v. Calhoun CountySupreme Court of Iowa · 1896
  4. Schlosser v. CruickshankSupreme Court of Iowa · 1895
  5. Barringer v. DavisSupreme Court of Iowa · 1909

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