Cranston v. McQuiston
Supreme Court of Iowa
Appeal from Polk District Oourt.— HoN. James A. Howe, Judge. ActioN in equity to 'set aside au auditor’s plat of certain lots within .the corporate limits of the city of Des Moines, on the ground that such plat was made without authority, and that it casts a cloud upon the' title of plaintiff as owner of certain of the lots or tracts covered by such plat. Intervenor joins issue with plaintiff, and asks that plaintiff’s petition be dismissed upon its merits.
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Appeal from Polk District Oourt.— HoN. James A. Howe, Judge. ActioN in equity to 'set aside au auditor’s plat of certain lots within .the corporate limits of the city of Des Moines, on the ground that such plat was made without authority, and that it casts a cloud upon the' title of plaintiff as owner of certain of the lots or tracts covered by such plat. Intervenor joins issue with plaintiff, and asks that plaintiff’s petition be dismissed upon its merits. On the trial the petition was dismissed, and plaintiff appeals.
1Opinion of the CourtMcClain, J.
In 1855 a plat of Mumma-& Jacoby’s Addition to Des Moines was duly approved and recorded in the recorder’s office of Polk county. In 1899 the defendant J. S. McQuiston, county auditor, filed for record with defendant Cook, the county recorder, a plat including Mumma & Jacoby’s Addition, with other lots and tracts of land adjoining it on the west. The second plat 'makes no reference to the first, and the subdivisions of the portion of the second plat which cover Mumma & Jacoby’s Addition do not correspond with the subdivisions of the first plat. This lack of *106correspondence is explained in the…
2Cases cited2 opinions
- Danforth v. MorricalIllinois Supreme Court · 1877
- Merton v. DolphinWisconsin Supreme Court · 1871
3Cited by2 opinions
- McColl v. Bear Creek Coal Mining Co.Supreme Court of Iowa · 1913
- Schemmel v. Town of AlvordSupreme Court of Iowa · 1932