Hempsted v. Huffman
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. S. H. Faiball, Judge. This is a suit iu equity by which the plaintiff seeks to eujoiu and prevent the defendant, who is a road supervisor, from removing a fence and other obstructions on and near the lines of the plaintiff’s farm; the claim of the defendant being that said fence and obstructions are in a public highway.
Read the full summary
Appeal from Johnson District Court. — Hon. S. H. Faiball, Judge. This is a suit iu equity by which the plaintiff seeks to eujoiu and prevent the defendant, who is a road supervisor, from removing a fence and other obstructions on and near the lines of the plaintiff’s farm; the claim of the defendant being that said fence and obstructions are in a public highway. There was a temporary injunction issued, and upon a full hearing on the merits the injunction was dissolved, and the petition dismissed. The plaintiff appeals.
1Opinion of the CourtRothbock, J.
The plaintiff is the owner of the northeast quarter of section twenty-two in a certain township in Johnson county. On the seventeenth day of March, 1856, a public highway sixty-six feet wide was legally established under the name of the ‘ ‘Morse road.” Its beginning was several miles north of the plaintiff’s farm, and its course was south through the •center of several sections of land, and through the’center of the section of which the plaintiff’s farm is a part. This location of the road appropriated thirty-three feet •of the plaintiff’s land on its west line. The road terminated at the…
2Cases cited3 opinions
- Grube v. WellsSupreme Court of Iowa · 1871
- Booth v. SmallSupreme Court of Iowa · 1868
- Robinson v. LakeSupreme Court of Iowa · 1863
3Cited by6 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Worthley v. BurbanksIndiana Supreme Court · 1897
- Chicago, Rock Island & Pacific Railway Co. v. City of Council BluffsSupreme Court of Iowa · 1899
- McElroy v. HiteSupreme Court of Iowa · 1912
- Bannister v. O'ConnorSupreme Court of Iowa · 1901
1 more not listed; retrieve them via the Exa API.