Arbaugh v. Alexander
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. W. R. Green, Judge. Action in equity to enjoin the defendant from obstructing an alleged right of way. A demurrer to the petition was sustained, and, plaintiff electing to stand on his pleading, judgment was entered against him for costs. Plaintiff appeals.
1Opinion of the CourtWeaver, J.
So far as material to this appeal, the petition of the plaintiff is in the following words:-
Plaintiff for cause of action alleges: That he is the owner of two hundred acres of land which corners with forty acres owned by the defendant, and about June 1, 1903, plaintiff and defendant made an oral agreement by the terms of which a highway which had been traveled by the public for over twenty years should be so arranged as to pass over the southeast corner of the defendant’s land, so as to accommodate the plaintiff and the public to a better highway intersecting the regular highway known as the…
2Cases cited6 opinions
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Ewell v. GreenwoodSupreme Court of Iowa · 1868
- Brown v. HoneyfieldSupreme Court of Iowa · 1908
- Anderson v. SimpsonSupreme Court of Iowa · 1866
- Platt & Speith v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Black v. WhitacreSupreme Court of Iowa · 1928
- Lembke v. LembkeSupreme Court of Iowa · 1923
- Arbaugh v. AlexanderSupreme Court of Iowa · 1914