Kepler v. Border
Supreme Court of Iowa
Appeal from Linn District Court. — Milo P. Smith, Judge. Suit in equity, to enjoin the defendants from trespassiug upon plaintiff’s property. Tlie defendants denied the trespass, and by way of cross-bill prayed that the plaintiff be enjoined from interfering with their use of certain “ways, roads and streets.”
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Appeal from Linn District Court. — Milo P. Smith, Judge. Suit in equity, to enjoin the defendants from trespassiug upon plaintiff’s property. Tlie defendants denied the trespass, and by way of cross-bill prayed that the plaintiff be enjoined from interfering with their use of certain “ways, roads and streets.” There was a decree requiring the defendants each to contribute to the maintenance of certain, roadways the sum of $5 per year, as a condition to their use of such roadways. Both parties have appealed, the defendants first perfecting their appeal.
1Opinion of the CourtEvans, J.
!■ to’do^quity^1' tfou!ms 01 pos1’ 1. The pleadings of the parties do not indicate, except indirectly, tIie issues actually litigated. The petition charged' the defendants with trespassing persistently ui)on the plaintiff’s property. The defendants denied the trespass. The real controversy between the parties only developed in the evidence. Both plaintiff and defendants are landowners, all holding their respective titles under one Minott. More than 50 years ago, Minott was the owner of 200 acres or more of wooded land lying upon the east bank of the Cedar Ttiver. This included a parcel of…
2Cited by6 opinions
- Barnard v. GaumerSupreme Court of Colorado · 1961
- Bina v. BinaSupreme Court of Iowa · 1931
- Woodland Beach Property Owners' Ass'n v. WorleyCourt of Appeals of Maryland · 1969
- Van Natta v. Nys & EricksonOregon Supreme Court · 1954
- Brentwood Subdivision Road Ass'n v. CooperCourt of Appeals of Iowa · 1990
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