Legal Opinion

McNamara v. Brehm

Supreme Court of Iowa

Decided December 22, 1900PublishedCited by 1 opinion

Appeal from Plymouth District Court. — IIon. William Hutchinson, Judge. Action to enjoin the opening of a public highway over the plaintiff’s land. Judgment dismissing plaintiff’s petition. He appeals.

1Opinion of the CourtSherwin, J.

A public highway was established over the plaintiff’s land in 1895. The road was worked, and bridges and culverts built thereon, and it was traveled and used by the public, until closed by the plaintiff’s fencing a portion of it. After the plaintiff had fenced this highway, the board of supervisors, by resolution, ordered a resurvey thereof, on the ground that the field notes of the original survey were inaccurate, and did not conform to the actual survey .and plat, and the road as opened, worked, and used, and on the further ground “that the location of said road as originally surveyed and…

2Cases cited1 opinion

  1. Blair v. BoeschSupreme Court of Iowa · 1882

3Cited by1 opinion

  1. Caulkins v. WardSupreme Court of Iowa · 1905

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