Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. T. M. Giberson, Judge. Suit in equity to compel defendant to open an under crossing oyer its right of way and under its tracks. The trial court granted tbe relief asked, and defendant appeals.
1Opinion of the CourtDeemer, J.
1 *392 *37Plaintiff claims her right to an under crossing on these grounds: First, adverse user and possession; second, under an oral contract, for such crossing with defendant’s agent; third, under'a contract which was entered into at the time her husband made a deed of the right of way to the defendant, but which was not incorporated in the instrument iby reason of the fraud of defendant. April 23, 1881, plaintiff and her husband executed a deed of conveyance to defendant for a right of way through a tract of land owned by them, consisting of something more than 400 acres. The expressed…
Also in this document: Per curiam.
2Cases cited18 opinions
- Jones v. . SeligmanNew York Court of Appeals · 1880
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
- Dunham v. City of New BritainSupreme Court of Connecticut · 1887
- Knowlton v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
- Harvey v. PhillipsSupreme Court of Iowa · 1922
- Goulding v. ShonquistSupreme Court of Iowa · 1913
- Stonewall v. DanielsonSupreme Court of Iowa · 1928
- Johnson v. TylerSupreme Court of Iowa · 1916
23 more not listed; retrieve them via the Exa API.