Legal Opinion

Lucas v. Payne

Supreme Court of Iowa

Decided March 12, 1909PublishedCited by 14 opinions

Appeal from Boone District Gourt. — Hon. C. G. Lee, Judge. Action in equity to have a strip of ground about a half mile long and two rods wide declared to be a legally established highway, and to require the defendants to remove fences therefrom. There was a judgment for the defendants, from which the plaintiffs appeal. —

1Opinion of the Court

Sherwin, J.- —

The appellants are heirs -of Hiram Lucas, deceased, and as such are the owners of the northeast quarter of the northwest quarter of section 10, township 83, range 26, in Boone County, Iowa. The appellees are the owners of the land on both sides of the section line between sections 3 and 10, and 2 and 11. There is a public highway, known as the “State road,” or “Dodge road,” running north and south through the southwest of the southwest of 2 and the northwest of the northwest of 11, and the strip of land which it is claimed is a highway extends from this State road west along the…

2Cases cited3 opinions

  1. Weber v. City of Iowa CitySupreme Court of Iowa · 1903
  2. Carter v. BarkleySupreme Court of Iowa · 1908
  3. Larson v. FitzgeraldSupreme Court of Iowa · 1893

3Cited by14 opinions

  1. Cohen Bros. Iron & Metal Co. v. Shackelford Brick Co.Supreme Court of Iowa · 1924
  2. Sioux City v. JohnsonSupreme Court of Iowa · 1969
  3. Clare v. WoganSupreme Court of Iowa · 1927
  4. Allamakee County v. Collins TrustSupreme Court of Iowa · 1999
  5. Portland Ry., L. & P. Co. v. Oregon CityOregon Supreme Court · 1917

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