Phillips v. Crawford
Supreme Court of Iowa
Appeal from Mitchell District Court. — M. F. Edwards and J. J. Clark, Judges. Suit in equity by the plaintiffs, as trustees, to enjoin the obstruction by the defendants of a township highway, the defendants having erected a fence thereon. After the trial upon the merits, a decree was entered for the plaintiffs, and the defendants appeal. —
1Opinion of the CourtEvans, J.
The highway under consideration runs east and west, between certain Sections 10 and 15. The defendants owned land in Section 10, abutting on the highway on the north side. The highway in question was legally laid out along the section line between the two named sections in 1858, and the same has been in use as a highway ever since. The defendants and their predecessors in title have always maintained a fence along the supposed north line of said highway. Shortly before the beginning of this suit, the defendants moved a certain section of their fence to the south, to a maximum distance of 11…
2Cases cited4 opinions
- Heery v. RobertsSupreme Court of Iowa · 1919
- Myers v. PriestSupreme Court of Iowa · 1909
- Ford v. DoolittleSupreme Court of Iowa · 1912
- Jones v. ThieSupreme Court of Iowa · 1909