City of Pella v. Scholte
Supreme Court of Iowa
Appeal from Marion District Court. Dedication: “ G-arden square”: statute op limitations. Petition in equity filed in February, 1866, by the city of Pella, in its corporate capacity, claiming against the defendants (the original proprietors of Pella, and who laid out the same), that a certain block of ground, designated on the plat of that place as “ Garden square,” was dedicated to the public; that the defendants, H. P. Seholte, and his wife (his voluntary grantee), deny…
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Appeal from Marion District Court. Dedication: “ G-arden square”: statute op limitations. Petition in equity filed in February, 1866, by the city of Pella, in its corporate capacity, claiming against the defendants (the original proprietors of Pella, and who laid out the same), that a certain block of ground, designated on the plat of that place as “ Garden square,” was dedicated to the public; that the defendants, H. P. Seholte, and his wife (his voluntary grantee), deny the public right and obstruct the public enjoyment of the square. The city prays to have its right to the control of the…
1Opinion of the Court
Dillon, Ch. J.
This appeal presents two leading questions:
I. Was the block of ground marked on the recorded plat of Pella “ Garden square ” dedicated by the defendant, Seholte, to the public ?
2. If so, is the plaintiff’s right barred by the statute of limitation ?
With reference to both of these qestions it is urged that the circumstances relating to the founding and laying out of Pella are important as evincive of the intention of Mr. *286Scholte in platting the square in controversy, and as illustrative of his subsequent possession and control of it.
A brief allusion to these circumstances is,…
2Cases cited8 opinions
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- City of Cincinnati v. EvansOhio Supreme Court · 1855
- Onstott v. MurraySupreme Court of Iowa · 1867
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Doe ex dem. Farmer's Heirs v. EslavaSupreme Court of Alabama · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Mellinger v. City of Houston (Tex. 1-18-1887)Texas Supreme Court · 1887
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- Johnson v. BlackSupreme Court of Virginia · 1905
- Davies v. HuebnerSupreme Court of Iowa · 1877
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
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