Mosle v. Kuhlman
Supreme Court of Iowa
Appeal from Jackson Circuit Court. ActioN to recover damages for the obstruction of a private way used under a claim of right thereto by plaintiff. The defendant filed an equitable answer alleging a mistake in the deed to plaintiff’s grantor, reserving in the party executing it the right to erect a fence and gate across the way. Defendant is the owner of the land over which the road runs, deriving his title from the same party who originally granted the right of way.
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Appeal from Jackson Circuit Court. ActioN to recover damages for the obstruction of a private way used under a claim of right thereto by plaintiff. The defendant filed an equitable answer alleging a mistake in the deed to plaintiff’s grantor, reserving in the party executing it the right to erect a fence and gate across the way. Defendant is the owner of the land over which the road runs, deriving his title from the same party who originally granted the right of way. Upon the issues raised by the equitable answer, as well as upon those raised by other pleadings, the cause was submitted to the…
1Opinion of the CourtBeck, J.
The right of way in dispute is through lands owned by defendant, and was conveyed to plaintiff’s grantor by one Grilfillian. Defendant’s title to his lands is also derived from Grilfillian. The original deed, executed by Gilfillian for the right of way, contains a reservation in these words:‘‘ reserving to said Galloway, his heirs and assigns, the right to fence across and enclose said road; which gates Tuting [plaintiff’s grantor], his heirs and assigns, are to shut after them when passing through.”
*109Defendant claims and so alleges in his equitable answer that a mistake was made by…
2Cited by7 opinions
- McKeon v. BrammerSupreme Court of Iowa · 1947
- Loser v. Plainfield Savings BankSupreme Court of Iowa · 1910
- Barker v. Town of PerrySupreme Court of Iowa · 1885
- Merritt v. PeetSupreme Court of Iowa · 1946
- Reed v. GasserSupreme Court of Iowa · 1906
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