Blennerhassett v. Incorporated of Forest City
Supreme Court of Iowa
Appeal from Winnebago District Oourt. — Hon. C. H. Kelley, Judge. Suit in equity to enjoin defendants' from opening an alley in defendant town, which plaintiff has improved, used, and occupied for many years. The defendants claim that plaintiff was unlawfully obstructing the same, and that it was their duty to open and improve it for the benefit of the public. The case was tried to the court, resulting in a decree dismissing plaintiff’s petition, and she appeals.
1Opinion of the Court
Deemer, J. —
1 In the year 1857 the town of Forest Oity •was platted by the owners of the soil on which the town now stands. The land so platted' was divided into lots and blocks in the ordinary manner, and said plat shows an alley 33 feet wide running east and west through block No. 49. The west half of this alley was between what was denominated lot 3, on the north line, and lot 6, on the south side thereof. Appellant’s husband became the owner by purchase of lot 3 in the year 1871, and he sold the same to his wife, the plaintiff herein, *682February 11, 1884. Her deed was not recorded, however,…
2Cases cited8 opinions
- City of Waterloo v. Union Mill Co.Supreme Court of Iowa · 1887
- Orr v. O'BrienSupreme Court of Iowa · 1889
- Incorporated Town of Cambridge v. CookSupreme Court of Iowa · 1896
- Parker v. HotchkissSupreme Court of Connecticut · 1856
- Uptagraff v. SmithSupreme Court of Iowa · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942
- Rohrbaugh v. MoklerWyoming Supreme Court · 1920
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
10 more not listed; retrieve them via the Exa API.