Sherman v. Hastings
Supreme Court of Iowa
Appeal from Allamakee District Court. — Hon. L. O. Hatch, Judge. Action to enjoin the removal of a fence constructed by plaintiff. The defendant claims the right to remove it on the ground that it is in a public highway. There was a trial on the merits; and a j udgment in favor of defendant. The plaintiff appeals.
1Opinion of the CourtRobinson, J.
Prior .to the year 1861, plaintiff was the owner of all of the southeast quarter of the southeast quarter of section three, in township ninety-seven, north, of range five west. About the year 1862, he sold, to Otis Peck, a triangular lot in the southeast corner of said tract, containing about two and one-half acres. Peck sold the lot to Fredrick Schafer, and caused plaintiff to convey it to Schafer in October, 1865. The deed of conveyance describes the lot as follows : ‘ ‘ Commencing at the southeast corner of section three, in township ninety-seven north, of range five west, running *373thence…
2Cases cited4 opinions
- Onstott v. MurraySupreme Court of Iowa · 1867
- State v. BirminghamSupreme Court of Iowa · 1888
- Quinton v. BurtonSupreme Court of Iowa · 1883
- State v. WatermanSupreme Court of Iowa · 1890
3Cited by7 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Quinn v. BaageSupreme Court of Iowa · 1907
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Cohen Bros. Iron & Metal Co. v. Shackelford Brick Co.Supreme Court of Iowa · 1924
- Chicago, Rock Island & Pacific Railway Co. v. City of Council BluffsSupreme Court of Iowa · 1899
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