Spencer v. Wabash Railroad
Supreme Court of Iowa
Appeal from Monroe District Court.— Hon. Robert Sloan, Judge. Condemnation proceedings, wherein defendant appealed to the district court from an award made by a sheriff’s jury called to assess plaintiff’s damages to certain property. Many pleadings were filed in the district court, and to a reply filed by plaintiff to some of defendant’s answers defendant demurred.
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Appeal from Monroe District Court.— Hon. Robert Sloan, Judge. Condemnation proceedings, wherein defendant appealed to the district court from an award made by a sheriff’s jury called to assess plaintiff’s damages to certain property. Many pleadings were filed in the district court, and to a reply filed by plaintiff to some of defendant’s answers defendant demurred. This demurrer was sustained, and, plaintiff electing to stand upon his pleadings, judgment was rendered for defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
This is one of a series of cases, involving what is known as “ abandoned rights of way,” which have given ns much trouble in the past, and about which we have not been entirely agreed. The case now before us, however, involves one new proposition, and to this we shall now turn our attention. In May of the year 1868 one Eleanor TI. Moore was the owner of the S. E. ^4 of the S. E. % of section 9, township 71, range 17, in Monroe county, Iowa, and on the 10 th day of that month she executed and delivered a deed to the Iowa Central Railroad Company, as right of way, one hundred feet wide through…
2Cases cited10 opinions
- Barlow v. Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1870
- Umscheid v. ScholzTexas Supreme Court · 1891
- Noll v. Dubuque B. & M. R. R.Supreme Court of Iowa · 1871
- Watkins v. Iowa Central Railway Co.Supreme Court of Iowa · 1904
- Munn v. . WorrallNew York Court of Appeals · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Oklahoma City v. Local Federal Savings & Loan Ass'nSupreme Court of Oklahoma · 1943
- Lange v. WatersCalifornia Supreme Court · 1909
- Connolly v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1955
- Hall v. Wabash RailroadSupreme Court of Iowa · 1907
- Braun, Bryant & Austin v. McGuireCalifornia Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.