Waddell v. Board of Directors
Supreme Court of Iowa
Appeal from Cherokee District Cov,rt. — William Hutchinson, Judge. Suit in equity by five plaintiffs to enjoin tbe board of directors of a rural school district from selling to others than the plaintiffs five certain schoolhouse sites, in violation of the rights of the respective plaintiffs under the provisions of Section 2816 of the Code.
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Appeal from Cherokee District Cov,rt. — William Hutchinson, Judge. Suit in equity by five plaintiffs to enjoin tbe board of directors of a rural school district from selling to others than the plaintiffs five certain schoolhouse sites, in violation of the rights of the respective plaintiffs under the provisions of Section 2816 of the Code. The general nature of the defense was that the school district held an absolute fee title- to its school sites, and that, therefore, Section 2816 and its parent statute were not applicable. There was a decree for the plaintiffs. The defendant appeals. —
1Opinion of the CourtEvans, J.
1' |choolSdk™ íiouso^itesTabanright^to' pur-10r ehas6, — The facts in the ease were all stipulated. The defendant district had abandoned five rural schoolhouse sites. The plaintiffs are the several owners, respectively, of the farms from which said sites were respectively taken. The plaintiffs claim the right, therefore, under the provisions of Section 2816 of the present Code, to accept the option provided in such seetion, and to take the respective sites on the conditions therein specified. The defendant denies the applicability of such section. One ground of such denial is that the school…
2Cases cited4 opinions
- N.Y.C. H.R.R.R. Co. v. . AldridgeNew York Court of Appeals · 1892
- Hill v. Western Vermont RailroadSupreme Court of Vermont · 1859
- Smith v. HallSupreme Court of Iowa · 1897
- Hopkins v. School DistrictSupreme Court of Iowa · 1915
3Cited by23 opinions
- Charles Hewitt & Sons Co. v. KellerSupreme Court of Iowa · 1937
- Jacobs v. MillerSupreme Court of Iowa · 1961
- Iowa Development Co. v. Iowa State Highway CommissionSupreme Court of Iowa · 1963
- Scott County v. JohnsonSupreme Court of Iowa · 1928
- In Re Estate of FinchSupreme Court of Iowa · 1948
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