City of Keokuk v. Cosgrove
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. II. Bank, Jr., Judge. This is a controversy over a strip of ground in block 121 of city of Keokuk. Plaintiff and interveners claim that the strip was dedicated and accepted as a public alley more than ten years before the commencement of this action, while defendants insist that the dedication was conditional, that the condition was broken, and that there was no acceptance by the public of the alleged dedication.
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Appeal from Lee District Court. — Hon. II. Bank, Jr., Judge. This is a controversy over a strip of ground in block 121 of city of Keokuk. Plaintiff and interveners claim that the strip was dedicated and accepted as a public alley more than ten years before the commencement of this action, while defendants insist that the dedication was conditional, that the condition was broken, and that there was no acceptance by the public of the alleged dedication. The trial court found in favor of plaintiff and interveners, and defendants appeal. —
1Opinion of the Court
Deemer, J. —
*1911 *190George Cabus at one time owned the whole of block 121 in the city of Keokuk. When the block was platted an alley running east' and west through the block was dedicated to the public. Cabus concluded to change the frontage of the lots lying in the north half of the block and on February 2, 1872, he sold lot? 10, 11 *191and 12 to one Madden, “except the west ten feet of lot ten, which is hereby reserved and dedicated as a public alley.” Madden gave back a purchase money mortgage, which contained this stipulation: “* * * except ten feet off the west side of lot ten hereby conveyed; the…
2Cases cited10 opinions
- Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
- City of Waterloo v. Union Mill Co.Supreme Court of Iowa · 1887
- Fisher v. BeardSupreme Court of Iowa · 1871
- Byerly v. City of AnamosaSupreme Court of Iowa · 1890
- Hanger v. City of Des MoinesSupreme Court of Iowa · 1899
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3Cited by4 opinions
- Mulligan v. McGregorCourt of Appeals of Kentucky · 1915
- Siberling v. CropperSupreme Court of Iowa · 1903
- Iowa Loan & Trust Co. v. Board of SupervisorsSupreme Court of Iowa · 1919
- City of Jackson v. LairdMississippi Supreme Court · 1911