Houpes v. Alderson
Supreme Court of Iowa
Appeal from Dubuque District Oowrt. Action in trespass for breaking into plaintiff’s inclosure and removing two gates. Defense: That one of the gates was the property of defendant, and that the other had been erected by plaintiff across a private right of way. At the hearing, a judgment of one dollar was given for plaintiff, and defendant appeals.
1Opinion of the Court
Lowe, Oh. J.
Right of way-obstruction of! On the trial of this cause, the evidence disclosed the following facts: That, on the 15th of April, 1863, Jonathan Houpes conveyed to plaintiff tIle E> £ Qf ftg ^ E> J seC. 82) T. 90, E. 1 E.; also, an eight acre tract adjoining thereto, which defendant admitted vested the title in plaintiff. Plaintiff, by his own testimony, then proved the removal of two gates by the defendant, as charged in his petition, which had been erected by plaintiff across a private way running through the above land, the same being in his possession.
The defendant introduced a…
2Cited by6 opinions
- Smith v. WornCalifornia Supreme Court · 1892
- McDonnell v. SheetsSupreme Court of Iowa · 1944
- Boyd v. BloomIndiana Supreme Court · 1899
- Whaley v. JarrettWisconsin Supreme Court · 1887
- Amondson v. SeversonSupreme Court of Iowa · 1873
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