Legal Opinion

Root v. Town of Cincinnati

Supreme Court of Iowa

Decided January 24, 1893PublishedCited by 8 opinions

Appeal from Appanoose District Court. — Hon. William: I. Babb, Judge. Action in equity to restrain tbe defendants, the incorporated town of Cincinnati and its council and street commissioner, from removing or destroying-certain buildings, fences and trees, and for general equitable relief. The cases were tried and submitted together in the district court. Prom a decree in favor of plaintiffs, the defendants appeal. —

1Opinion of the CourtRobinson, C. J.

In June, 1875, J. C. McDonald caused to be surveyed and platted into town lots a tract of land which, he owned, adjoining the town of Cincinnati. The name given to the tract so platted was “J. C. McDonald’s First Addition to the town of Cincinnati.” Block 2 of that addition contains lots numbered from 1 to 8, inclusive, commencing on the west. Each lot is fifty feet in width, and extends from Pleasant street, on the south, one hundred and thirty-two feet northward, to an alley. Lots 4 and 5 are separated by an alley sixteen feet in width, which extends from Pleasant street, northward through…

2Cases cited6 opinions

  1. Higueras v. United StatesSupreme Court of the United States · 1865
  2. Morrow v. WhitneySupreme Court of the United States · 1877
  3. City of Racine v. J. I. Case Plow Co.Wisconsin Supreme Court · 1883
  4. Ufford v. WilkinsSupreme Court of Iowa · 1871
  5. Bradstreet v. DunhamSupreme Court of Iowa · 1884

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3Cited by8 opinions

  1. Olson v. City of SeattleWashington Supreme Court · 1903
  2. Rowell v. WeinemannSupreme Court of Iowa · 1903
  3. Carlyle v. SloanOregon Supreme Court · 1904
  4. Jordan v. FerreeSupreme Court of Iowa · 1897
  5. Langle v. BrauchSupreme Court of Iowa · 1921

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