Jordan v. Beeson

(dissenting) — I find myself unable to agree with the majority and therefore respectfully dissent.

This record shows without dispute that although there was a street between Blocks 2 and 4, all of the real estate in question, including the street, was and had been for more than thirty-seven years enclosed in one fence and used as one tract of land.

In Weaver v. Grant, 39 Iowa 294, the syllabus reads as follows:

“The use and nature of the property must determine whether or not several lots, assessed to one owner and sold en masse, should be regarded as one lot. Where two lots were occupied and…