Legal Opinion

McKinney v. Rowland

Supreme Court of Iowa

Decided February 5, 1924PublishedCited by 2 opinions

Appeal from Van Burén District Court. — C. W. Vermilion, Judge. Aotion in equity, to enjoin the defendant from occupying and obstructing certain 'streets in Bentonsport, Iowa. A demurrer to defendant’s answer was sustained, and the defendant elected to stand upon his answer; and from the judgment entered, perpetually enjoining defendant from obstructing or occupying the streets in controversy, defendant appeals.—

1Opinion of the CourtDe Grape, J.

The town of Bentonsport, Van Burén County, Iowa, was platted in the year 1839, and the plat was duly filed for record in the recorder’s office of said county. Thereafter the town of Bentonsport was duly incorporated, and accepted said plat, which has been recognized by its citizens in the sale of lots situate in .said town. In 1913, pursuant to statutory provisions, the corporate existence of the town of Ben-tonsport terminated. In 1921, the board of supervisors of Van Burén County vacated portions of certain streets described on the plat as originally accepted.

Subsequently, the defendant…

2Cases cited10 opinions

  1. Ridgway v. City of OsceolaSupreme Court of Iowa · 1908
  2. Chrisman v. BrandesSupreme Court of Iowa · 1907
  3. Hubbell v. City of Des MoinesSupreme Court of Iowa · 1915
  4. Chrisman v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1904
  5. City of Lake City v. FulkersonSupreme Court of Iowa · 1904

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3Cited by2 opinions

  1. Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
  2. Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942

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