Davies v. Huebner
Supreme Court of Iowa
Appeal from Lee District Court. Plaintiff is the owner of certain land situated on the line of what he claims to be a public highway, which was established in 1846 by the board of commissioners of Lee county. .The defendant is a road supervisor.
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Appeal from Lee District Court. Plaintiff is the owner of certain land situated on the line of what he claims to be a public highway, which was established in 1846 by the board of commissioners of Lee county. .The defendant is a road supervisor. Certain owners of land ■.adjoining the alleged road fenced their lands to the section • lines thus inclosing the road, and plaintiff, after notifying the defendant to remove the obstructions from the road, commienced this action to compel him to do so. The defendant answered, admitting the order establishing the road in 1846, but alleging that the…
1Opinion of the CourtBothrock, J.
I. The original road as established in 1846 was some four miles in length. In 1857 another road was •established, which runs some eighty rods on the same line, and the part of the original roád now in controversy extends, from the line common to both roads, east, a distance of about ' one mile.
It seems to be conceded that the original road as established in 1846 was sixty feet wide.
The evidence fairly shows that the part of the road now in controversy has never been traveled by the public, but that the'travel has been at points somewhat distant from the surveyed line.' It has never been…
2Cases cited2 opinions
- Barlow v. Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1870
- City of Pella v. ScholteSupreme Court of Iowa · 1868
3Cited by38 opinions
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- Quinn v. BaageSupreme Court of Iowa · 1907
- Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
- City of Waterloo v. Union Mill Co.Supreme Court of Iowa · 1887
- Simplot v. City of DubuqueSupreme Court of Iowa · 1878
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