Wilson v. Sexon
Supreme Court of Iowa
Appeal from Pollc, District Gowt. Action in chancery to restrain defendant from closing a certain road running through his land. Decree granting the relief prayed for in plaintiffs petition. Defendant appeals.
1Opinion of the CourtBeck, J.
I. "We find the following conclusions of fact from the record in this case: 1. Plaintiff and defendant were owners of adjoining tracts of land. In 1852 or 1853, when inclosing their farms, they left a lane or road between their lands, plaintiff building his fence about fifteen feet and defendant building his about eight feet from the line, thus leaving a roadway between their respective lands.
2. This lane was thus left open by the mutual consent of the parties, and under an arrangement between them for their convenience and the use of the public. Defendant, in resetting his fence several…
2Cases cited1 opinion
- Irwin v. DixionSupreme Court of the United States · 1850
3Cited by10 opinions
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
- Waters v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Caldwell v. City of OttumwaSupreme Court of Iowa · 1924
- Kendall-Smith Co. v. Lancaster CountyNebraska Supreme Court · 1909
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