Fountain v. Keen
Supreme Court of Iowa
Appeal from Johnson District Qourt.- — -Hon. M. J. Wade, Judge. Action iu equity to have a certain, road declared a public highway, and to secure the removal of obstructions therein. From a judgment dismissing the petition at plaintiff’s costs, he appeals. —
1Opinion of the Court
Waterman, J. —
The annexed plat will show the road m dispute, with its immediate surroundings:
It fairly appears that Grain, who was the grantor of defendant Keen, and plaintiff, in the year 1889, desired to procure a road from their respective places north to the east and west highway shown on the plat. It was agreed between them that plaintiff should, secure a strip off the east side of the Kayner land, then belonging to the estate of one Loan,, deceased, who left a widow surviving him and also minor children, who were under guardianship. Plaintiff it seems *408acted. By proper proceedings had,…
2Cases cited4 opinions
- Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
- City of Waterloo v. Union Mill Co.Supreme Court of Iowa · 1887
- Baldwin v. HerbstSupreme Court of Iowa · 1880
- Devoe v. SmeltzerSupreme Court of Iowa · 1892
3Cited by3 opinions
- Davis v. Town of BonaparteSupreme Court of Iowa · 1908
- Barnes v. RobertsonSupreme Court of Iowa · 1912
- Joseph v. SharpSupreme Court of Iowa · 1915