Devoe v. Smeltzer
Supreme Court of Iowa
Appeal from Union District Court. — Hon. H. M. Townee, Judge. Action to, enjoin the defendants from opening, working, or using certain land for a public highway. There was a decree dismissing the plaintiff’s bill, and he appeals.
Read the full summary
Appeal from Union District Court. — Hon. H. M. Townee, Judge. Action to, enjoin the defendants from opening, working, or using certain land for a public highway. There was a decree dismissing the plaintiff’s bill, and he appeals. The plaintiff claims to have been the absolute owner of the northwest fractional quarter of the northwest quarter of section 1, township 72,' range 31, except seven acres, in Union county, Iowa, since July 4, 1872, and to have held adverse possession of said land ever since said time; and avers that said premises have been fenced and used for farming purposes by him…
1Opinion of the CourtKinne, J.
1. Highways: acceptance by public evidence. I. The plaintiff, while admitting the highway was established, insists that it was never opened and used by the public; that, though the right of such use by the public existed, it was not used, and hence such right became extinguished by the vacation of the road. It is said in State v. Shinkle, 40 Iowa, 131: “Something more than the mere right to use land for the purpose of travel is necessary to constitute a high*388way. It must be traveled, or at least capable of use in that way, to make it a .highway.” See Davies v. Huebner, 45 Iowa, 574. The…
2Cases cited7 opinions
- Davies v. HuebnerSupreme Court of Iowa · 1877
- McCollister v. ShueySupreme Court of Iowa · 1868
- State v. BarlowSupreme Court of Iowa · 1883
- State v. PitmanSupreme Court of Iowa · 1874
- State v. ShinkleSupreme Court of Iowa · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Clare v. WoganSupreme Court of Iowa · 1927
- Heery v. RobertsSupreme Court of Iowa · 1919
- Hull v. City of Cedar RapidsSupreme Court of Iowa · 1900
- Kinsinger v. HunterSupreme Court of Iowa · 1923
- Fountain v. KeenSupreme Court of Iowa · 1902
2 more not listed; retrieve them via the Exa API.