Musser v. Hershey
Supreme Court of Iowa
Avpeal from, Muscatine Circuit Court. This action was commenced in October, 1873, to restrain the defendant from filling up to high water marlt fractional, block number one, as designated upon the plat of South Muscatine, and situated near the water line of the Mississippi river. On the 11th day of November, 1873, a temporary injunction was granted, as prayed.
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Avpeal from, Muscatine Circuit Court. This action was commenced in October, 1873, to restrain the defendant from filling up to high water marlt fractional, block number one, as designated upon the plat of South Muscatine, and situated near the water line of the Mississippi river. On the 11th day of November, 1873, a temporary injunction was granted, as prayed. On the 3d day of March, 1875, upon final hearing, the injunction was made perpetual, and the defendant was ordered to remove the obstructions already created. Defendant appeals. The facts are stated in the opinion. A riparian owner is…
1Opinion of the CourtDay, J.
The property in controversy is situated in fractional section two, township seventy-six, north, of range ten west, on what is known as Muscatine island, an island formed by a slough extending from the Mississippi river. This property was entered in March, 1810. For some distance along the river extremity of this island, there was originally no well defined river bank, or, if there was one, it was so low that, in ordinary high water, the river flowed out and overflowed a considerable portion of the island.
In 1853, under special act of the legislature, the parties who owned the property…
2Cases cited10 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Kraut v. CrawfordSupreme Court of Iowa · 1865
- Tomlin v. Dubuque, Bellevue & Miss. R. R.Supreme Court of Iowa · 1871
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- Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
- Peck v. Alfred Olsen Construction Co.Supreme Court of Iowa · 1931
- Ned Tyson v. State of Iowa, John Schroeder v. Ned TysonCourt of Appeals for the Eighth Circuit · 1960
- Renwick v. D. & N. W. R. Co.Supreme Court of Iowa · 1878
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