Thompson v. Miner
Supreme Court of Iowa
Appeal from, Black Hawk District Court. Tuts is an equitable action, triable by the first method, brought in the district court of Black Rawk county, to establish the existence of an easement or right of way through a certain building situated on lots 9, 10 and 11 in Mill square addition to the town of Cedar Falls, Iowa, and to obtain a perpetual injunction restraining the defendant from closing up or obstructing a hall or passage-way-through said building, being the…
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Appeal from, Black Hawk District Court. Tuts is an equitable action, triable by the first method, brought in the district court of Black Rawk county, to establish the existence of an easement or right of way through a certain building situated on lots 9, 10 and 11 in Mill square addition to the town of Cedar Falls, Iowa, and to obtain a perpetual injunction restraining the defendant from closing up or obstructing a hall or passage-way-through said building, being the easement in controversy. A temporary injunction was issued by order of the county judge, Hon. D. W. Foote. The defendants…
1Opinion of the CourtMiller, J.
i.^basement : buildings: tenants in common. The evidence fully sustains the averments in plaintiffs’ petition, and shows that in the year 1857 James M. Overman, D. O. Overman, E. O. Meredith and Edwin Brown were owners in common of lots 9, 10 and 11 in Mill square addition to Cedar Falls; said lots being each twenty-two feet front on Main street by eighty feet deep, and contiguous to each other.
That in the same year an oral agreement was entered into by the owners of these lots for partition of the same; whereby Overman and the others were to have lots 9 and 11, and Brown to have lot 10,…
2Cases cited1 opinion
- Karmuller v. KrotzSupreme Court of Iowa · 1865
3Cited by14 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Howell v. EstesTexas Supreme Court · 1888
- Scott v. MooreSupreme Court of Virginia · 1900
- Dillman v. HoffmanWisconsin Supreme Court · 1875
- Goodall v. GodfreySupreme Court of Vermont · 1880
9 more not listed; retrieve them via the Exa API.