Devore v. Ellis
Supreme Court of Iowa
Appeal from Harrison District Court. ACTION in chancery to restrain defendants from interfering with and obstructing a private way granted plaintiff. Upon a trial upon tbe merits, plaintiff’s petition was dismissed. He now appeals to this court.
1Opinion of the CourtBeck, J.
I. Tbe plaintiff acquired by purchase, in 1876, a private way leading from bis farm to a highway. At that time there was a fence along the west line of the wav, which divided the land of the grantor of the easement from the property of an adjoining proprietor. By the terms' of the written contract under which plaintiff acquired the right of way, he is required to erect and maintain a fence along the east line of the way, which he has done. The original grantor of the right conveyed the land upon which the way is located to one of the defendants, who had full notice oi plaintiff’s rights in…
2Cited by5 opinions
- Fendall v. MillerOregon Supreme Court · 1921
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- McDonnell v. SheetsSupreme Court of Iowa · 1944
- Cook v. FerbertSupreme Court of Missouri · 1898
- Speer v. Erie RailroadNew Jersey Court of Chancery · 1906