Wetherell v. Brobst
Supreme Court of Iowa
Appeal from Marion District Court. Private way : construction oe contract : specific performance : STAMP : IMPLIED GRANT OF EASEMENT OF WAY.This is a contest relating to a right of way over the north side of land used, occupied, and claimed by the defendant. One Gillespie owned forty acres of land, the S. W. corner of which touched the N. E. corner of the land of the defendant.
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Appeal from Marion District Court. Private way : construction oe contract : specific performance : STAMP : IMPLIED GRANT OF EASEMENT OF WAY.This is a contest relating to a right of way over the north side of land used, occupied, and claimed by the defendant. One Gillespie owned forty acres of land, the S. W. corner of which touched the N. E. corner of the land of the defendant. Defendant’s title appears to be this: One Patton owned 160 acres and sold it to a person, who sold 40 acres of it to defendant. Patton executed to his vendee a title bond for a deed when he should be fully paid.…
1Opinion of the Court
Dillon, Ch. J.
i. cohtkaot : construction of: easement, I. We have carefully examined the testimony in this cause, and find that the decree is right and should be affirmed, unless the points made 7 1 by the defendant’s counsel are well taken. It is first contended by them, that the contract of May 15, 1862, is alternative, the option being with the defendant; that is, the defendant may either make the plaintiff a title to the twenty-two feet or refund the twenty-five dollars, as he may elect. We hold that defendant cannot elect to refuse to make the title, against plaintiff’s objection, upon…
2Cases cited1 opinion
- Karmuller v. KrotzSupreme Court of Iowa · 1865
3Cited by5 opinions
- Ladd v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Mitchell v. MutchSupreme Court of Iowa · 1917
- Puttman v. HalteySupreme Court of Iowa · 1868
- Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
- Brown v. WardSupreme Court of Iowa · 1899