Legal Opinion

Fairchild v. Stewart

Supreme Court of Iowa

Decided April 12, 1902PublishedCited by 11 opinions

Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. Action in equity to restrain the defendant from closing a road leading to the plaintiff’s premises. Judgment for the defendant, from which the plaintiff appeals.—

1Opinion of the Court

Sherwin, J. —

1 The plaintiff is the owner of a tract of land lying some distance northeast of the highway running west to North Liberty. The defendant owns property abutting this North Liberty road. There is no regularly laid out highway to the plaintiff’s land, but since the early settlement of that locality there has been a track or road from the North Liberty road, across the defendant’s land, down to and over the plaintiff’s land, and on to the Iowa river, which the plaintiff claims has become a public highway by prescription and dedication. Neither of these contentions can be sustained.…

2Cases cited7 opinions

  1. Collins v. PrenticeSupreme Court of Connecticut · 1842
  2. State v. GreenSupreme Court of Iowa · 1875
  3. Gray v. HaasSupreme Court of Iowa · 1896
  4. State v. TuckerSupreme Court of Iowa · 1873
  5. Forrest Milling Co. v. Cedar Falls Mill Co.Supreme Court of Iowa · 1897

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Violet v. MartinMontana Supreme Court · 1922
  2. Bradford v. FultzSupreme Court of Iowa · 1914
  3. Davis v. Town of BonaparteSupreme Court of Iowa · 1908
  4. Gore v. BlanchardSupreme Court of Vermont · 1922
  5. Gilfoy v. RandallIllinois Supreme Court · 1916

6 more not listed; retrieve them via the Exa API.

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