Quinn v. Baage
Supreme Court of Iowa
Appeal from Monona District Court.•Hon. Frank R. Gaynor, Judge. Action to enjoin defendants, who are road supervisors and township trustees, from removing a certain fence claimed by them to be in the highway but alleged by plaintiff to be on the boundary between it and his land. Defendants prayed that plaintiff be restrained from interfering with the removal of the fence. The petition was dismissed, and decree entered for defendants as prayed. The plaintiff appeals. — ■
1Opinion of the CourtLadd, J.
The plaintiff acquired title to the N. W. Y of section 16 in township 85 N. of range 43 west of the fifth P. M. in November, 1900, and since then has resided thereon. The fence along the north side is near the section line, six feet south of it at the east end, and one foot at the west end, and is substantially where it or fences replaced have stood for thirty or thirty-five years. Prior to 1894 there had been some travel along the north line of section 16 ever since it had been fenced, but not in any beaten track nor within the ordinary boundary of a highway, as the section to the north was…
2Cases cited43 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Grube v. WellsSupreme Court of Iowa · 1871
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Walker v. . CaywoodNew York Court of Appeals · 1865
- Winslow v. NaysonMassachusetts Supreme Judicial Court · 1873
38 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
- Mayor of Baltimore v. Chesapeake Marine Railway Co.Court of Appeals of Maryland · 1964
- City of Billings v. Pierce Packing Co.Montana Supreme Court · 1945
- Pugh v. City of Des MoinesSupreme Court of Iowa · 1916
51 more not listed; retrieve them via the Exa API.