Strahan v. Town of Malvern
Supreme Court of Iowa
Appeal 'from Mills District Court. — Hon. A. B. Thoenell, Judge. Action to recover for land sold to the defendant town for an avenue. Judgment for defendant and • plaintiff appeals.
1Opinion of the CourtGranger, J.
In 1879 the defendant town adopted an ordinance, and went through the legal forms of establishing within its limits what is known as “Union avenue,” and plaintiff avers that by an agreement with the defendant he purchased the land on which the avenue is located for the defendant, and for which the defendant was to pay him three thousand and twenty-four dollars, with interest at ten per cent, until paid. The defendant’s claim is that the land was never designed by the town as an avenue, but only as a right of way for a railroad, and for which purpose it was taken and used, and that the town…
2Cases cited3 opinions
- Bankhead v. BrownSupreme Court of Iowa · 1868
- City of Marshalltown v. ForneySupreme Court of Iowa · 1883
- Town of Cherokee v. S. C. & I. F. Town Lot & Land Co.Supreme Court of Iowa · 1879
3Cited by4 opinions
- Brooks v. Incorporated Town of BrooklynSupreme Court of Iowa · 1910
- Muscatine Lighting Co. v. City of MuscatineSupreme Court of Iowa · 1928
- Havner v. Iowa State Highway CommissionSupreme Court of Iowa · 1941
- Baird v. County of DivideNorth Dakota Supreme Court · 1929