State v. Johann

I must dissent.

I. The record in this matter indicates the lot at the point of the peninsula belonging to defendant Johann, and the lots to the north, the property of the State of Iowa, were platted as a part of an addition to the Town of Wahpeton. The plat makes reference to a public way along the westerly side of the peninsula embracing virtually the same lands Johann seeks to condemn as a means of ingress to and egress from his landlocked lot.

The record before us does not establish how and in what manner the lands now owned by the State were acquired, so that we have no way of determining…