Ott v. Freese
Supreme Court of Iowa
Appeal from Clinton District Court. — D. V. JacksoN, Judge. Suit in equity to establish right of way across' land of defendant, and to restrain interference with use of the claimed right of way. On trial, the court dismissed the plaintiff’s petition, from which judgment he appeals. —
1Opinion of the CourtArthur, C. J.
I. The controversy is over a right of ivay claimed by plaintiff across the land of defendants. Plaintiff is the owner of two adjoining forties, the northwest quarter of the southeast quarter and the southwest quarter of the northeast quarter of Section 38, of a township in Clinton County, Iowa. Defendants are the owners of 30 acres of land adjoining plaintiff’s north 40 on the east, being the south 30 acres of the southeast quarter of the northeast quarter of said Section 33. There is a public highway running north and south on the east line of Section 33. The right of way claimed by…
2Cases cited2 opinions
- McAllister v. PickupSupreme Court of Iowa · 1891
- Hagerle v. BeebeSupreme Court of Iowa · 1904
3Cited by3 opinions
- Webb v. ArterburnSupreme Court of Iowa · 1954
- Manning v. GeorgeSupreme Court of Iowa · 1928
- Gerdts v. MulfordSupreme Court of Iowa · 1941