Dickinson County v. Fouse
Supreme Court of Iowa
Appeal from Dichmson District Court. — Hon. W. B. Quaeton, Judge. A county road runs across .the land of defendant. Its boundaries are in dispute, and this proceeding is to secure the appointment of a commissioner to survey and establish the lines. There was a demurrer to the petition, upon the ground, among others, that plaintiff has no right to maintain the action.
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Appeal from Dichmson District Court. — Hon. W. B. Quaeton, Judge. A county road runs across .the land of defendant. Its boundaries are in dispute, and this proceeding is to secure the appointment of a commissioner to survey and establish the lines. There was a demurrer to the petition, upon the ground, among others, that plaintiff has no right to maintain the action. The demurrer was sustained on the ground just stated, and, plaintiff electing to stand on its petition, judgment was entered against it for costs. Plaintiff appeals.
1Opinion of the CourtWaterman, J.
1 *242 *22Section 4228 of the Code, under which this action is brought, is as follows: “When one or more owners of land, the corners and boundaries of which are lost, destroyed or in dispute, desire to have the same established they may bring an action in the district court of the county where such lost, destroyed or disputed boundaries or part thereof are situated against the owners of the other tracts which will be affected by the determination or establishment thereof, to have such corners or boundaries ascertained and permanently established. If any public *23road is likely to be affected thereby,…
2Cases cited2 opinions
- Stanley v. City of DavenportSupreme Court of Iowa · 1880
- Overman v. MaySupreme Court of Iowa · 1872
3Cited by7 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- State v. F. W. Fitch Co.Supreme Court of Iowa · 1945
- Brightman v. HetzelSupreme Court of Iowa · 1918
- Pine v. ReynoldsSupreme Court of Iowa · 1919
- Iowa Loan & Trust Co. v. Board of SupervisorsSupreme Court of Iowa · 1919
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