Robbins v. Archer
Supreme Court of Iowa
Appeal from Taylor District Court. — Hon. H. M. Towner, Judge. Suit in equity to enjoin defendant from obstructing a private right of way, and to compel him to remove certain obstructions therefrom. Damages were also claimed because of the alleged obstruction.
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Appeal from Taylor District Court. — Hon. H. M. Towner, Judge. Suit in equity to enjoin defendant from obstructing a private right of way, and to compel him to remove certain obstructions therefrom. Damages were also claimed because of the alleged obstruction. Defendant pleaded forfeiture of plaintiff’s rights, if he had any, by reason of failing to comply with the conditions upon which the same was granted, denied plaintiff’s right to the easement, and further pleaded that he was not entitled to relief in equity. The trial court gave plaintiff judgment for the sum of $1, and in effect…
1Opinion of the Court
Deemer, C. J".
In the year 1908 plaintiff purchased the farm now used and occupied by him from one Jesse Clark, and as part of the consideration' therefor he, Clark conveyed to plaintiff the right of way in question over other lands belonging to Clark. The language of this conveyance was as follows: “Ohauncy R. Robbins to have the use of the road now used by Jesse Clark out to the street, not to be over sixteen feet wide, as long as he keeps the gates closed.”
The road thus conveyed and referred to while over other lands belonging to the grantor Clark is sufficiently identified by the…
2Cases cited3 opinions
- Willoughby v. LawrenceIllinois Supreme Court · 1886
- Attorney General v. Algonquin ClubMassachusetts Supreme Judicial Court · 1891
- Brown v. HoneyfieldSupreme Court of Iowa · 1908
3Cited by9 opinions
- Paul v. BlakelySupreme Court of Iowa · 1952
- Thos. Beck & Sons v. Economy Coal Co.Supreme Court of Iowa · 1910
- Hildebrandt v. HagenSupreme Court of Minnesota · 1949
- Moulson v. IannuccilliSupreme Court of Rhode Island · 1956
- Moulson v. IannuccilliSupreme Court of Rhode Island · 1956
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