Barney v. Keokuk
United States Circuit Court
At law. Action in the nature of ejectment to establish plaintiff’s right in Water street, Keokuk, subject to the public easement therein. The plaintiff, in his petition, described the locus in quo. as follows: “All the land lying and being in front of lots five and six, in block three, in the city of Keokuk, and extending from the front line of said lots to the Mississippi rivers, the full width of said lots.”
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At law. Action in the nature of ejectment to establish plaintiff’s right in Water street, Keokuk, subject to the public easement therein. The plaintiff, in his petition, described the locus in quo. as follows: “All the land lying and being in front of lots five and six, in block three, in the city of Keokuk, and extending from the front line of said lots to the Mississippi rivers, the full width of said lots.” The plaintiff is the owner of said lots five and six, block three, which front on Water street, and he claims to be the owner of the street in front thereof, subject to the rights of…
1Opinion of the Court
DILLON, Circuit Judge,
(LOVE, District Judge, concurring,) announced that the court had reached the following conclusions:
1. There was no completed statutory dedication of Water street under the town plat act of 1839, prior to the decree of partition, for the reason, among others, that all of the proprietors, i. e., the half-breed owners and their grantees, did not join in making a plat or in selling lots according to the Galland or other plat. What was done prior to the decree, was at most a common law dedication by those who platted or recognized the plat, and it was. therefore, competent…
2Cases cited10 opinions
- Barney v. KeokukSupreme Court of the United States · 1877
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Haight v. City of KeokukSupreme Court of Iowa · 1856
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- Tomlin v. Dubuque, Bellevue & Miss. R. R.Supreme Court of Iowa · 1871
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3Cited by2 opinions
- Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.Supreme Court of Missouri · 1890
- White v. Chicago G. W. R.Court of Appeals for the Eighth Circuit · 1917