Legal Opinion

Hodge v. Shaw

Supreme Court of Iowa

Decided May 14, 1892PublishedCited by 19 opinions

Appeal from Jackson District Court. — Hon. A. Howat,, Judge. Action in equity to enjoin the defendants from interfering with the plaintiff’s right in a certain alley, and with his use of the same. Answer in denial of the plaintiff’s right, and pleading a former adjudication. Judgment was rendered dismissing the plaintiff’s- petition, and he appeals.

1Opinion of the CourtKinne, J.

The evidence in this case discloses the following facts: Sophia Shaw, the ancestor of the appellees, on April 17, 1873, conveyed to the plaintiff a lot twenty-three feet front by eighty feet deep in the city of Maquolreta. At the same time, she entered into-a written agreement with the plaintiff, granting him the free use for the purpose of a private alley, of a strip-of land seven feet in width from east to west by twenty-three feet in length from north to south, and lying-west of and adjoining the lot sold him; said land to be used in connection with five feet of his own lot. This-alley…

2Cases cited10 opinions

  1. Aurora City v. WestSupreme Court of the United States · 1869
  2. Powers v. City of Council BluffsSupreme Court of Iowa · 1877
  3. Doty v. . BrownNew York Court of Appeals · 1850
  4. Stodghill v. C., B. & Q. R.Supreme Court of Iowa · 1880
  5. Goodenow v. LitchfieldSupreme Court of Iowa · 1882

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3Cited by19 opinions

  1. Norwood v. McDonaldOhio Supreme Court · 1943
  2. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  3. Martin Bros. Box Co. v. FritzSupreme Court of Iowa · 1940
  4. Irvine v. City of OelweinSupreme Court of Iowa · 1915
  5. Lynch v. LynchSupreme Court of Iowa · 1959

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