Wenzel v. Kempmeier
Supreme Court of Iowa
Appeal from Des Moines Giroxmb Gou/rt. The defendant E. Kempmeier as road supervisor,.and his co-defendant L. A. Spelmier as assistant, entered upon the plaintiffs’ premises and took down the fence for the purpose of opening what they claimed was an established highway.
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Appeal from Des Moines Giroxmb Gou/rt. The defendant E. Kempmeier as road supervisor,.and his co-defendant L. A. Spelmier as assistant, entered upon the plaintiffs’ premises and took down the fence for the purpose of opening what they claimed was an established highway. The plaintiffs deny the existence of such highway, and aver that the defendants entered .without right; and they bring this action to recover the damages sustained by them, by reason of the alleged wrongful act of the defendants. There was a trial by jury, and a verdict and judgment were rendered for the defendants. The…
1Opinion of the Court
Adams, Ch. J.
adversepossession. The land was formerly owned by one Bersener. In 1863, and while he was the owner, he gave his written consent to the establishment of the highwa7 question, and it was accordingly established. It was not, however, opened until the acts complained of, in August, 1877. The land was fenced and constituted a part of Bersener’s farm until he sold it to the plaintiffs in 1870. After the land was sold to plaintiffs the fence was maintained until taken down by the defendants, for the purpose of opening the road. In the meantime the *256travel had gone a little south of this…
2Cited by2 opinions
- Clare v. WoganSupreme Court of Iowa · 1927
- Lathrop v. Central Iowa R'y Co.Supreme Court of Iowa · 1886