Legal Opinion

Teachout v. Capital Lodge of the Independent Order of Odd-fellows

Supreme Court of Iowa

Decided July 12, 1905PublishedCited by 14 opinions

Appeal from Polk District Court. — Hon. James A. Howe, Judge. Action to enjoin the defendant lodge and its trustees from removing or barricading a stairway in a building owned by the defendant lodge, in which stairway the plaintiff, who owns an adjoining building, claims to have an easement. Decree for plaintiff, from which defendants appeal.—

1Opinion of the CourtMcClain, J.

The respective claims of the parties with reference to the stairway in question will sufficiently appear from the following statement, which, while not accurate in detail as to the description of the buildings adjoining it, covers all the facts necessary to be considered in determining the rights of the parties thereto: In 1876 one Ira Perigo owned lot 5 in block 19 of the town of East Des Moines, situated on the southeast corner of Sixth street and what is now designated as Grand avenue, with a frontage of sixty feet on Grand avenue, and 132 feet on Sixth street. Proposing to build a…

2Cases cited4 opinions

  1. Thompson v. MinerSupreme Court of Iowa · 1870
  2. Decorah Woolen Mill Co. v. GreerSupreme Court of Iowa · 1878
  3. Moll v. McCauleySupreme Court of Iowa · 1891
  4. Iowa Railroad Land Co. v. AdkinsSupreme Court of Iowa · 1874

3Cited by14 opinions

  1. McKeon v. BrammerSupreme Court of Iowa · 1947
  2. Sexauer v. WilsonSupreme Court of Iowa · 1907
  3. Presbyterian Church v. HarkenSupreme Court of Iowa · 1916
  4. Beck v. Lane CountyOregon Supreme Court · 1933
  5. Gardner v. San Gabriel Valley BankCalifornia Court of Appeal · 1907

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