Bannister v. O'Connor
Supreme Court of Iowa
Appeal from Wapello District Court.- — Hon. F. W. Eiohelbbrger, Judge. Action to enjoin defendant, wlio is a road supervisor, from opening to public travel a road which passes through plaintiff’s premises. The action ivas originally brought by plaintiff’s husband, who died, whereupon she, as his sole devisee, was substituted in his stead. From a decree dismissing the petition, plaintiff appeals.
1Opinion of the CourtWaterman, J.
1 *5432 3 4 *542Plaintiff is the owner of the northwest fractional ¿ of the northeast J of section 3, township 11, range 13 west, in Wapello county. In 1851 a road was surveyed and established through this land, although some of the points and courses given in the field notes are incorrect. After the road was thus established it was traveled down to the time when it was closed by plaintiff’s husband, in 1891 or 1892. He became the owner of this land which then lay open in December, 1883. It ivas not fenced by him until 1886, and after so fencing’ it he left a gate at one side, and bars at the other,…
2Cases cited1 opinion
- Hempsted v. HuffmanSupreme Court of Iowa · 1893
3Cited by3 opinions
- Central Pacific Railway Co. v. Alameda CountySupreme Court of the United States · 1932
- Clare v. WoganSupreme Court of Iowa · 1927
- McElroy v. HiteSupreme Court of Iowa · 1912