Legal Opinion

McAllister v. Pickup

Supreme Court of Iowa

Decided December 16, 1891PublishedCited by 11 opinions

Appeal from Bes Moines District Court. — HoN. C. H.. Phelps, Judge. Action in chancery for the abatement of a-, nuisance, caused by the obstruction of a roadway, and to enjoin the maintenance of the same. Partial relief was granted the plaintiff. Both parties appeal, the defendant first, and he is, therefore, designated as-the appellant.

1Opinion of the Court

Beck, 0. J.

I. The petition shows that the plaintiff owns an eighty-acre subdivision of land which adjoins on the east a tract owned by Mrs. Walker. On the south of these tracts, and adjoining thereto, the *66defendant- owns lands, the quantity of which is not shown, further than that they abut upon the lands of the plaintiff and Mrs. "Walter. On the line dividing the defendant’s land, from the plaintiff’s and Mrs. Walker, a roadway twenty feet wide “was established, and recognized and acknowledged by all concerned,’"’ for more than forty years. The roadway approaches the plaintiff’s lands from…

2Cases cited2 opinions

  1. Baldwin v. HerbstSupreme Court of Iowa · 1880
  2. State v. TuckerSupreme Court of Iowa · 1873

3Cited by11 opinions

  1. Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
  2. City of Seattle v. SmithersWashington Supreme Court · 1905
  3. Cohen Bros. Iron & Metal Co. v. Shackelford Brick Co.Supreme Court of Iowa · 1924
  4. Loughman v. CouchmanSupreme Court of Iowa · 1952
  5. Johnson v. City of BurlingtonSupreme Court of Iowa · 1895

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