McElroy v. Hite
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. D. M. Anderson, Judge. Action in equity to enjoin the defendants from crossing the plaintiff’s land where there is an allegal highway, and to quiet title. There was a judgment for the defendants, and plaintiff appeals.
1Opinion of the CourtSherwin, J.
*4541. Highways: establishment. *453In December, 1893, the plaintiff and the defendant, Luther Hite, joined in a petition to the *454board of supervisors of Wapello county for the establishment of a consent highway forty feet wide, accor(jing †0 the field notes of Allen’s survey, which were filed with and as a part of the petition. On the 3d of April, 1894, the board granted the petition on condition that the “petitioners put the same in a passable condition” within six months from that date. No further action in the matter was taken by the board of supervisors, but the defendants and the public generally…
2Cases cited9 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Lynch v. MillerSupreme Court of Iowa · 1880
- McNichols v. WilsonSupreme Court of Iowa · 1876
- Hempsted v. HuffmanSupreme Court of Iowa · 1893
- State v. KinneySupreme Court of Iowa · 1874
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3Cited by9 opinions
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- Perley v. HeathSupreme Court of Iowa · 1926
- Clare v. WoganSupreme Court of Iowa · 1927
- Christopherson v. Incorporated TownSupreme Court of Iowa · 1916
- Allamakee County v. Collins TrustSupreme Court of Iowa · 1999
4 more not listed; retrieve them via the Exa API.