Long v. Wilson
Supreme Court of Iowa
Appeal from Guthrie District Oowrt. — Lorin N. Hays, Judge. An injunction was awarded, restraining the defendants from closing up an alleged public highway, and defendants appeal.
1Opinion of the CourtSalinger, J.
1- ilscmutauance: towis°hment.s" An allegation that, at the time 30 years ago when plaintiff bought his farm, that which he now claims to be a public highway was then such highway and traveled, may, for the sake of argument, be conceded to admit proof of anything that will create a public highway, — say, that the strip in question was dedicated for a highway, and the dedication accepted by long-continued use and travel (assuming, now, that mere use by travel will constitute an acceptance). But can the same be said of the allegation made in this petition? It is an averment that the strip…
2Cases cited3 opinions
- Schuster Bros. v. Davis Bros.Supreme Court of Iowa · 1919
- Brutsche v. BowersSupreme Court of Iowa · 1904
- Shimanek v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1916
3Cited by5 opinions
- Bennett v. GreenwaltSupreme Court of Iowa · 1939
- Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
- Paul v. MeadSupreme Court of Iowa · 1943
- Fidelity & Casualty Co. v. Bank of PlymouthSupreme Court of Iowa · 1931
- Iowa Loan & Trust Co. v. Board of SupervisorsSupreme Court of Iowa · 1919