Incorporated Town of Exira v. Whitted
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. N. W. ' Macy, Judge. This is an action by the plaintiff, as an incorporated town, to recover of the defendant a certain portion of a vacated street, lying between blocks fifteen and sixteen. The defendant pleads adverse possession for more than forty years, and pleads an estoppel and a general denial and a want of acceptance on the part of the plaintiff of the land in question as a part of its streets. Decree for defendant.
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Appeal from Audubon District Court. — Hon. N. W. ' Macy, Judge. This is an action by the plaintiff, as an incorporated town, to recover of the defendant a certain portion of a vacated street, lying between blocks fifteen and sixteen. The defendant pleads adverse possession for more than forty years, and pleads an estoppel and a general denial and a want of acceptance on the part of the plaintiff of the land in question as a part of its streets. Decree for defendant. Plaintiff ■ appeals. —
1Opinion of the CourtEvans, J.
— The issue in this case turns largely upon questions of fact and weight of evidence. The plat of the plaintiff town covers fifty acres of land which was formerly owned by David Edgerton. The plat was recorded in 1857, and we assume that the town had its beginning about that time, although not incorporated until April 21, 1881. *577The defendant relies upon some defects in the execution of the plat; the principal one being a failure on the part of Edgerton to sign the same. We do not find it necessary to deal with that question. The following is a diagram of blocks fifteen, sixteen, seventeen and…
2Cases cited4 opinions
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- Weber v. City of Iowa CitySupreme Court of Iowa · 1903
- Sarvis v. CasterSupreme Court of Iowa · 1902
- Parriott v. Incorporated City of HamptonSupreme Court of Iowa · 1907
3Cited by1 opinion
- Dugan v. ZurmuehlenSupreme Court of Iowa · 1927