Klinkefus v. Vanmeter
Supreme Court of Iowa
'Appeal from Shelby District Court. — IIoN. A. B. Tiiobneli,, Judge. ActioN in equity to enjoin the maintenance by defendant of a fence obstructing a 'highway adjoining plaintiff’s premises. The issue raised by defendant was as to the true location of the highway, his contention being that it was in fact located on land claimed by plaintiff, and that the highway as contended for by plaintiff was in reality a part of defendant’s premises. Decree for defendant.
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'Appeal from Shelby District Court. — IIoN. A. B. Tiiobneli,, Judge. ActioN in equity to enjoin the maintenance by defendant of a fence obstructing a 'highway adjoining plaintiff’s premises. The issue raised by defendant was as to the true location of the highway, his contention being that it was in fact located on land claimed by plaintiff, and that the highway as contended for by plaintiff was in reality a part of defendant’s premises. Decree for defendant. Plaintiff appeals.
1Opinion of the CourtMcClain, J.
The farms of plaintiff and defendant, to which the controversy in this case relates, lie opposite to each other, on the south and north sides, respectively, of a section *413line, along wbieb bas been located a highway. Defendant has, by recent change of fence along his south' line, included a strip of land over which, as plaintiff contends, the highway is located, the claim of defendant being that the highway is south of his fence as recently constructed, and upon the land claimed by plaintiff as his own. The real dispute, therefore, is as to the location of the section line. Not long before the…
2Cases cited2 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Buch v. FlandersSupreme Court of Iowa · 1903
3Cited by8 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Kotze v. SullivanSupreme Court of Iowa · 1930
- Langle v. BrauchSupreme Court of Iowa · 1921
- Pine v. ReynoldsSupreme Court of Iowa · 1919
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