Hubel v. McAdon
Supreme Court of Iowa
Appeal from Harrison District Court. — Thomas Arthur, Judge. Action in equity, to enjoin defendant road superintendent from opening a.highway through plaintiff’s land. Petition dismissed at plaintiff’s costs. Plaintiff appeals. —
1Opinion of the CourtDe Graee, J.
— The plaintiff, Eva G. Hubei, is the owner of a parcel of real estate, through which, by regular and legal preliminary proceedings, the board of supervisors of Harrison County ordered a road or highway established. The defendant herein is the road superintendent for the district in which plaintiff’s land is situated. It is the contention of plaintiff that to permit the defendant to open said highway would be contrary' to the provision of Section 1487 of the Code of 1897. This section, inter alia, provides:
“No road shall be established * * * through any garden, orchard, or ornamental ground…
2Cases cited1 opinion
- Ballou v. ElderSupreme Court of Iowa · 1895
3Cited by3 opinions
- Case v. OlsonSupreme Court of Iowa · 1944
- Town of Brookline v. Co-Ray Realty Co.Massachusetts Supreme Judicial Court · 1950
- Junkin v. KnappSupreme Court of Iowa · 1928