Legal Opinion

Keokuk Electric Railway & Power Co. v. Weisman

Supreme Court of Iowa

Decided April 6, 1910PublishedCited by 10 opinions

Appeal from Lee District Courts — Hon. Henry Bank, Jr., Judge. This is an action in equity to establish plaintiff’s right to an alleged easement over the real estate of the defendant. There was a decree for the plaintiff, and the defendant appeals.

1Opinion of the CourtEvans, J.

T,he original defendant in this case was J. C. Hubinger. After the trial in the court below, he died, and his executor has been substituted as the defendant. It will be more convenient for us in the discussion to ' take no account of • this substitution and to refer to Hubinger as the defendant, inasmuch as he so appears throughout the record of the court below.

The property in which an easement is claimed is the residence property of the defendant. This property consists of spacious grounds highly improved as a residence, and comprises thirteen lots in block forty-five in the city of Keokuk.…

2Cases cited7 opinions

  1. Warren v. Davenport Fire InsuranceSupreme Court of Iowa · 1871
  2. Des Moines Gas Co. v. WestSupreme Court of Iowa · 1878
  3. Marshall Ice Co. v. LaPlantSupreme Court of Iowa · 1907
  4. Carrigg v. Mechanics Bank of ProvidenceSupreme Court of Iowa · 1907
  5. Teachout v. DuffusSupreme Court of Iowa · 1909

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3Cited by10 opinions

  1. Kahili, Inc. v. YamamotoHawaii Supreme Court · 1973
  2. Central Fibre Products Co. v. LorenzSupreme Court of Iowa · 1954
  3. LaPlant v. SchumanSupreme Court of Iowa · 1923
  4. Fleming v. CasadySupreme Court of Iowa · 1926
  5. Charles Weitz' Sons v. United States Fidelity & Guaranty Co.Supreme Court of Iowa · 1928

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