Fisher v. Beard
Supreme Court of Iowa
Appeal from Marion District Go%vrt. Suit in equity by plaintiffs who arc the owners of lots fronting on Garden Square in Pella, to enjoin defendant, who now claims to own - the same, from laying it off into lots and erecting buildings thereon. The plaintiffs aver that the lot's owned by them were purchased of IT.
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Appeal from Marion District Go%vrt. Suit in equity by plaintiffs who arc the owners of lots fronting on Garden Square in Pella, to enjoin defendant, who now claims to own - the same, from laying it off into lots and erecting buildings thereon. The plaintiffs aver that the lot's owned by them were purchased of IT. P. Scholte and that an increased price was paid therefor in reliance upon the representations made by Scholte at the time of the sale 'of the several lots, that said Garden Square was intended for and should always remain a public square — an open and unoccupied space for the benefit…
1Opinion of the CourtCole, J.
I. This action, was before this court at a former term upon a demurrer to the petition. See Fisher et al. v. Beard, 32 Iowa, 346, where a full statement of the grounds of the action and 'the averments of the petition are set forth. It is not necessary to repeat them here.
The evidence satisfactorily establishes the facts averred, so far as to show that, in the original or first plat of Pella, the 1. dedication-puMie square. square in controversy was marfked “Public Square” ail(j some 0f the lots owned by the plaintiffs were sold by Scholte in reliance upon that plat; that by a subsequent plat,…
2Cases cited5 opinions
- City of Pella v. ScholteSupreme Court of Iowa · 1868
- Fisher v. BeardSupreme Court of Iowa · 1871
- State v. CaversSupreme Court of Iowa · 1867
- Russell v. Wilson & Co.Supreme Court of Iowa · 1873
- City of Pella v. ScholteSupreme Court of Iowa · 1866
3Cited by3 opinions
- Kirchen v. RemengaMichigan Supreme Court · 1939
- Sioux City Night Patrol v. MathwigSupreme Court of Iowa · 1938
- Staley v. Big Sandy, East Lynn & Guyan RailroadWest Virginia Supreme Court · 1901