Schick v. West Davenport Improvement Co.
Supreme Court of Iowa
Appeal from Scott District Qoivrt. — F. D. Letts, Judge. Action in equity to enjoin defendants from interfering with or obstructing the public use of a strip of land about one mile long, along the Mississippi River, at the point where the parties own property, and from using said strip for private and pecuniary profit, and from consummating a contemplated sale of the property; and for general equitable relief. The facts are more fully stated in the opinion.
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Appeal from Scott District Qoivrt. — F. D. Letts, Judge. Action in equity to enjoin defendants from interfering with or obstructing the public use of a strip of land about one mile long, along the Mississippi River, at the point where the parties own property, and from using said strip for private and pecuniary profit, and from consummating a contemplated sale of the property; and for general equitable relief. The facts are more fully stated in the opinion. After a full trial on the merits, the trial court entered a decree for plaintiffs, from which defendants appeal.
1Opinion of the CourtPreston, J.
Appellants contend that the real issue in the case is that they claim the strip of ground lying between the river and the public highway, known as the River Road, which appellees claim is a part of the road. It appears that, the appellant West Davenport Improvement Company, which, for convenience, we shall hereafter refer to as the *7Improvement Company, having'made a contract to sell the ground in controversy to the defendant Davenport lee and Gold Storage Company, which will be referred to as the Ice Company, the plaintiffs brought this suit to enjoin the consummation of said contemplated…
2Cases cited1 opinion
- Schick v. West Davenport Improvement Co.Supreme Court of Iowa · 1914