Green v. Crain
Supreme Court of Iowa
Appeal from Tama District Court. — B. F. Cummings, Judge. Suit in equity by the owner of the third story of a building, against the defendant as owner of the first and second stories of such building, ánd of the lot on which the building is located, to enjoin the defendant from removing certain steam, water, and sewer pipes with which the steam, water, and sewer systems of the plaintiff are connected, such connection being had in the basement of the building.
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Appeal from Tama District Court. — B. F. Cummings, Judge. Suit in equity by the owner of the third story of a building, against the defendant as owner of the first and second stories of such building, ánd of the lot on which the building is located, to enjoin the defendant from removing certain steam, water, and sewer pipes with which the steam, water, and sewer systems of the plaintiff are connected, such connection being had in the basement of the building. There was a decree for the plaintiffs, and the defendants appeal.
1Opinion of the CourtEvans, J.
Plaintiffs are the trustees of a Masonic lodge, known as Hesperia Lodge. The defendants are the trustees of an Odd Fellows lodge, known as Gem Lodge. In the year 1901, the two lodges co-operated in building a three-story brick building upon a lot owned by the defendant lodge in the town of Traer. The defendant lodge completed the walls to the top of the second floor. The plaintiff lodge built the third story, including the roof. The agreement under which the two lodges co-operated was informal, and wholly in parol. Most of the persons who purported to represent the respective lodges in the…
2Cases cited5 opinions
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Ruthven v. Farmers Co-operative Creamery Co.Supreme Court of Iowa · 1908
- Pascal v. HynesSupreme Court of Iowa · 1915
- Decorah Woolen Mill Co. v. GreerSupreme Court of Iowa · 1878
- Robinson v. LutherSupreme Court of Iowa · 1909
3Cited by5 opinions
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- Salinger v. WinthouserSupreme Court of Iowa · 1925