Onstott v. Murray
Supreme Court of Iowa
Appeal from Lee District Court. Highways : how established : dedication : prescription. — Tlie question in this case is whether a certain alleged public highway has a legal existence. The action was trespass, brought before a justice of the peace. The alleged trespass consists in entering upon lands in the possession of the plaintiffs and throwing down certain fences.
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Appeal from Lee District Court. Highways : how established : dedication : prescription. — Tlie question in this case is whether a certain alleged public highway has a legal existence. The action was trespass, brought before a justice of the peace. The alleged trespass consists in entering upon lands in the possession of the plaintiffs and throwing down certain fences. Defendant Murray justifies the trespass by sotting up that he was the road supervisor of the district in which the land described in the petition is situate; that the fences, alleged to have been removed, obstructed a public…
1Opinion of the CourtDillon, J.
1. Highway: dedication: use and acquiescence. To the printed arguments of the respective counsel, we have given that careful attention which is due 6ie laborious research and marked ability which they display, as well as to the important questions involved.
The adjudged cases, with respect to highways by dedication or by prescription, are not, in all points, susceptible of being reconciled. Some deny that highways can be established by prescription, and affirm that they can be established in two ways only: first, under the statute; and, second, by dedication. Other cases hold that highways may…
2Cited by44 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- City of Pella v. ScholteSupreme Court of Iowa · 1868
- Howard v. StateSupreme Court of Arkansas · 1886
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