Legal Opinion

Presbyterian Church v. Harken

Supreme Court of Iowa

Decided June 29, 1916PublishedCited by 20 opinions

Appeal from Clarke District Cowrt. — H. K. Evans, Judge. Suit iu equity to enjoin defendants from interfering with plaintiffs in the use and enjoyment of a certain strip of land and to require defendants to remove certain obstructions placed thereon. Defendants challenged plaintiffs’ right to sue, denied their title or right to enjoy the strip, pleaded abandonment and non-user thereof and estoppel and the statute of limitations.

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Appeal from Clarke District Cowrt. — H. K. Evans, Judge. Suit iu equity to enjoin defendants from interfering with plaintiffs in the use and enjoyment of a certain strip of land and to require defendants to remove certain obstructions placed thereon. Defendants challenged plaintiffs’ right to sue, denied their title or right to enjoy the strip, pleaded abandonment and non-user thereof and estoppel and the statute of limitations. Thereafter, the parties named as trustees in the caption filed a petition of intervention for and on their own behalf, and also on behalf of all the members of the…

1Opinion of the CourtDeemer, J.

Prior to May 9, 1893, one Anna Pritchett was the -owner of the E % of the SE % of what was known as Block 15 in the original town of Osceola. This tract was approximately 214 feet long north and south, and 107 -feet wide. It was bounded on the east and south by city streets; and upon the north, there was an alley 20 feet in width, which ran through to another cross alley running north and south near the center of the block, but west of the west line of her property. On the date named, she conveyed to Jason Roberts, B. F. Garretson and W. IT. Ridgway, 80 feet off the north side of her tract,…

2Cases cited23 opinions

  1. Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
  2. Karmuller v. KrotzSupreme Court of Iowa · 1865
  3. Barbour v. Albany Lodge, No. 24Supreme Court of Georgia · 1884
  4. St. Paul Typothetæ v. St. Paul Bookbinders' Union No. 37Supreme Court of Minnesota · 1905
  5. Garrison v. RuddIllinois Supreme Court · 1858

18 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Nissen v. International BrotherhoodSupreme Court of Iowa · 1941
  2. Three-O-Three Investments, Inc. v. MoffittMissouri Court of Appeals · 1981
  3. Wilson & Co. v. United Packinghouse Wkrs. of AmericaDistrict Court, N.D. Iowa · 1960
  4. Globe National Fire Insurance v. American Bonding & Casualty Co.Supreme Court of Iowa · 1923
  5. Simms v. FaganSupreme Court of Minnesota · 1943

15 more not listed; retrieve them via the Exa API.

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