Long v. Wilson
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge. Tnis petition alleged- that plaintiff acquired lots 5, 6, and 7 in block 3, abutting Fifth street, in Tyler’s addition to Perry, in 1892, and shortly thereafter occupied them as a homestead for himself and family, and has continued to do so since; that said street is seventy feet wide, and the only one through which plaintiff has convenient access to said property.
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Appeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge. Tnis petition alleged- that plaintiff acquired lots 5, 6, and 7 in block 3, abutting Fifth street, in Tyler’s addition to Perry, in 1892, and shortly thereafter occupied them as a homestead for himself and family, and has continued to do so since; that said street is seventy feet wide, and the only one through which plaintiff has convenient access to said property. It also averred facts which, if true, indicate that said street, through dedication, had become a public street of the city before defendants acquired block 4 of…
1Opinion of the CourtLadd, J.
'For the purpose of this case, the averments of the petition and third division of the answer must be treated as true. If so, then defendants are encroaching upon and obstructing the only street by which plaintiff has convenient access to his homestead abutting thereon. The defendants justify this by a decree in an action wherein their grantor was plaintiff and the cit v of Berry, within whose limits the property is located, was defendant, awarding said grantor all of said street, save a strip thirteen feet wide along the east side of plaintiff’s lots, as a part of block 4 to the east, and…
2Cases cited34 opinions
- Haynes v. ThomasIndiana Supreme Court · 1855
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Warren v. MayorSupreme Court of Iowa · 1867
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3Cited by27 opinions
- Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
- Borghart v. City of Cedar RapidsSupreme Court of Iowa · 1905
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
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