Legal Opinion

Young v. Ducil

Supreme Court of Iowa

Decided February 16, 1920PublishedCited by 9 opinions

Appeal from Pottawattamie District Court. — E. B. Wood-ruff, Judge. Action to enjoin tbe obstruction of what is claimed to be a public and private road. Opinion states the facts. Judgment for the plaintiffs in the court below. Defendants appeal.

1Opinion of the CourtGaynor, J.

1. Basements : naked use. This action is brought to restrain the defendants from interfering in any manner with plaintiffs in the exercise of a claimed right to cross defendants’ land at a certain point. It is asserted that there is a roadway at the point where plaintiffs claim the right to cross; that this roadway has existed and has been used by plaintiffs and the general public for a great many years; and that plaintiffs have acquired an easement in defendants’ land, and a right to cross it within the limits of this road. Plaintiffs say that they and their grantors have continuously,…

2Cases cited4 opinions

  1. McBride v. BairSupreme Court of Iowa · 1907
  2. Jones v. PetersonSupreme Court of Iowa · 1917
  3. O'Malley v. Dillenbeck Lumber Co.Supreme Court of Iowa · 1909
  4. Gates v. Colfax Northern Railway Co.Supreme Court of Iowa · 1916

3Cited by9 opinions

  1. Culver v. ConverseSupreme Court of Iowa · 1929
  2. Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
  3. Webb v. ArterburnSupreme Court of Iowa · 1954
  4. Black v. WhitacreSupreme Court of Iowa · 1928
  5. Manning v. GeorgeSupreme Court of Iowa · 1928

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