Carey v. Weitgenant
Supreme Court of Iowa
Appeal from Winneshiek Gircuit Oourt. The defendant is road supervisor, and is about to open as a part of a public highway a strip of land two rods wide along the west side of a certain forty acres of land belonging to the plaintiff. She brings this action to restrain him by injunction. An injunction was granted, and upon hearing a decree was entered making it perpetual. The defendant appeals.
1Opinion of the CourtAdams, J.
i. highway: establishment oí: re-survey, — The correctness of the decree depends upon whether a public highway had been duly established over the land in controversy. In 1868, the board of super- . „ n . , . , visors ot Winneshiek county ordered a re-survey of what was called the Decorah and Castalia road. A re-survey was accordingly made and a report, plat and field notes were filed. The road as re-surveyed embraced the land in controversy, the middle line of the road being the west line of the plaintiff’s forty acres. Afterwards it was ordered by the board of supervisors that the re-survey…
2Cited by3 opinions
- Barnes v. FoxSupreme Court of Iowa · 1883
- Blair v. BoeschSupreme Court of Iowa · 1882
- Caulkins v. WardSupreme Court of Iowa · 1905