Bolton v. McShane
Supreme Court of Iowa
Appeal from Linn District Court. Action in chancery to restrain defendant from interfering with or removing a fence. A demurrer to the petition was sustained. Plaintiff appeals.
1Opinion of the Court
Beck, Oh. J.
I. The petition alleges substantially that plaintiff is the owner of a tract of land, along the line of which is a public highway, which has been used by the public since plaintiff acquired the land in 1865; that plaintiff, about sixteen years before the commencement of this suit, erected a fence along the line of this highway, which has ever since been maintained by him, and that defendant, as a supervisor of highways, threatens to remove the fence, and has caused a written notice signed by him as supervisor to be served upon plaintiff, a copy of which is made an exhibit to the…
2Cases cited3 opinions
- McCord v. HighSupreme Court of Iowa · 1868
- Bills v. BelknapSupreme Court of Iowa · 1873
- Quinton v. BurtonSupreme Court of Iowa · 1883
3Cited by9 opinions
- Hoover v. Iowa State Highway CommissionSupreme Court of Iowa · 1928
- Ladd v. OsborneSupreme Court of Iowa · 1890
- Ewing v. Webster CitySupreme Court of Iowa · 1897
- Moffitt v. BrainardSupreme Court of Iowa · 1894
- Holmes v. Calhoun CountySupreme Court of Iowa · 1896
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