Gray v. Haas
Supreme Court of Iowa
Appeal from Crawford District Court. — Hon. C. D. Goldsmith, Judge. This is an action to recover damages to the rental value and to the market value of the east one-half of the southwest one-fourth of section 34, in township 82, range 37, in Crawford county, Iowa, by reason of the action of the defendant in obstructing what plaintiff claims to be a public highway on the south side of said section, and on the line of said land, and which forms the dividing line between…
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Appeal from Crawford District Court. — Hon. C. D. Goldsmith, Judge. This is an action to recover damages to the rental value and to the market value of the east one-half of the southwest one-fourth of section 34, in township 82, range 37, in Crawford county, Iowa, by reason of the action of the defendant in obstructing what plaintiff claims to be a public highway on the south side of said section, and on the line of said land, and which forms the dividing line between Crawford and Shelby counties. There is no claim that the highway was regularly laid out under the statute, but it is claimed…
1Opinion of the CourtKinne, J.
1 I. Was there a highway, as claimed, by prescription? Our statute provides: “In all suits hereafter brought, in which title to any easement in real estate shall be claimed by virtue of adverse, possession of the same for the period of ten years or by prescription, the use of the same shall not be admitted as evidence that the party claimed the easement as his right, but the fact of adverse possession shall be proved by evidence distinct from and independent of the use, and that the party against whom the claim is made had express notice thereof; and these provisions shall apply to public as…
2Cases cited6 opinions
- Duncombe v. PowersSupreme Court of Iowa · 1888
- Booth v. SmallSupreme Court of Iowa · 1868
- State v. BirminghamSupreme Court of Iowa · 1888
- State v. GreenSupreme Court of Iowa · 1875
- State v. MitchellSupreme Court of Iowa · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bradford v. FultzSupreme Court of Iowa · 1914
- Friday v. HenahSupreme Court of Iowa · 1901
- Fairchild v. StewartSupreme Court of Iowa · 1902
- Dodge v. HartSupreme Court of Iowa · 1900
- Hanger v. City of Des MoinesSupreme Court of Iowa · 1899
12 more not listed; retrieve them via the Exa API.