Helmick v. Davenport, Rock Island & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Scott District Court. — William Ti-ieophilus, Judge. Action in equity to quiet title to a strip of ground 20 feet wide, on the west side of plaintiff’s 10 acres of land, which defendant claims is the east 20 feet of its right of way. There was a decree for plaintiff, and the defendant appeals. — -
1Opinion of the CourtPreston, J.
The facts are undisputed. Defendant introduced no evidence, and the trial court found the facts stated in the petition to be true. . Plaintiff claims title to the disputed strip of land by adverse possession, by recognition and acquiescence in the fence’s being the boundary line, and by equitable estoppel. The question is: Can the doctrine of adverse possession, or recognition and acquiescence in a boundary line, or of equitable estoppel, be invoked to alienate from a railroad company a strip of land claimed as a part of its right of way, but never in its possession?
The strip of land in…
2Cases cited30 opinions
- Union Pacific Railroad v. Laramie Stock Yards Co.Supreme Court of the United States · 1913
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Sharon v. TuckerSupreme Court of the United States · 1892
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Northern Pacific Railway Co. v. ElySupreme Court of the United States · 1905
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3Cited by9 opinions
- Engquist v. WirtjesSupreme Court of Minnesota · 1955
- Peoples v. HagamanCourt of Appeals of Tennessee · 1948
- Bernier v. PreckelNorth Dakota Supreme Court · 1931
- Burgess v. Leverett and AssociatesSupreme Court of Iowa · 1960
- Walker v. SorensonSouth Dakota Supreme Court · 1936
4 more not listed; retrieve them via the Exa API.