City of Eldora v. Edgington
Supreme Court of Iowa
Appeal from Hardin District Court.— Hon. W. D. Evans, Judge. ¡Suit in equity to abate au alleged nuisance maintained by the defendant in one of the streets of plaintiff city. The alleged nuisance is a fence in said street and the occupancy of a part of the property inclosed by the defendant. Defendant denied the alleged nuisance, and also pleaded adverse possession, acquiescence, and an estoppel upon the city, due to his occupancy and improvement of the property as his own.
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Appeal from Hardin District Court.— Hon. W. D. Evans, Judge. ¡Suit in equity to abate au alleged nuisance maintained by the defendant in one of the streets of plaintiff city. The alleged nuisance is a fence in said street and the occupancy of a part of the property inclosed by the defendant. Defendant denied the alleged nuisance, and also pleaded adverse possession, acquiescence, and an estoppel upon the city, due to his occupancy and improvement of the property as his own. Laches on the part of plaintiff is also pleaded in defense. On the issues thus joined, the case was tried to the court,…
1Opinion of the CourtDeemer, J.
This is not an unusual controversy between a city and a property owner over the proper location of a line between a street and abutting property. Defendant Edgington was the owner of a tract of land adjoining the original town plat of the city of Eldora. Through this original plat, and as a part - thereof, was Washington *153street, running north and south through the town. Before defendant platted his land, which adjoined the original town site, there was a public highway known as the “ Clarkesville and Des Moines State Bead,” which had been established in the year 1858 on the section line…
2Cases cited3 opinions
- Weber v. City of Iowa CitySupreme Court of Iowa · 1903
- Corey v. City of Fort DodgeSupreme Court of Iowa · 1902
- Town of Mt. Vernon v. YoungSupreme Court of Iowa · 1904
3Cited by4 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Bridges v. Incorporated Town of Grand ViewSupreme Court of Iowa · 1913
- Helmick v. Davenport, Rock Island & Northwestern Railway Co.Supreme Court of Iowa · 1916