Zollinger v. City of Newton
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. John F. Talbot, Judge. Suit in equity to enjoin the defendant city from openirig the alleys in a certain block in said city. Plaintiff alleged) that she was the owner of said purported alleys and prayed that the title thereto be quieted in her. There was a decree for the plaintiff as prayed. The defendant appeals.
1Opinion of the CourtEvans, J.
The' alleys in question appear upon the recorded plat as a part of Block 1 of .Lamb & Kennedy’s Addition to the town of Newton. This plat was filed and recorded in 1855, before the incorporation of the town. The plaintiff claims to have occupied said alleys under claim of ownership for more than 30 years, and to have built valuable improvements thereon. She claims that, though such alleys appeared on the plat of the addition, the city, in fact, never accepted the same; or, if there was an original acceptance, that the city abandoned the same by failing to improve or to use the same; and,…
2Cases cited4 opinions
- City of Des Moines v. HallSupreme Court of Iowa · 1868
- Simplot v. City of DubuqueSupreme Court of Iowa · 1878
- McClenehan v. Town of JesupSupreme Court of Iowa · 1909
- Gable v. City of Cedar RapidsSupreme Court of Iowa · 1911
3Cited by4 opinions
- Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
- Sioux City v. JohnsonSupreme Court of Iowa · 1969
- Christopherson v. Incorporated TownSupreme Court of Iowa · 1916
- Zollinger v. ClarkSupreme Court of Iowa · 1915