Knowles v. City of Muscatine
Supreme Court of Iowa
Appeal from Muscatine District Court. Plaintiff claims the title to and the right to the possession of parts of certain lots in the city of Muscatine. The defense is, that the real estate thus claimed is a public highway duly established; and tire whole controversy turns upon the validity of tin's defense. Trial by the court, judgment for the defendant, and plaintiff appeals.
1Opinion of the CourtWright, J.
i koads a1ways°h' iateftciScs and towns. This road was established in 1854, is one hundred feet wide, and located entirely within the limit ^ie <% Muscatine. The first question is, whether the County Court had the power to establish this road within the city limits. It is con-_ _ . 4 'i ceded that the power existed under the general powers of the County Court, unless it was taken away by some special statute. This, it is claimed, was done by sections 9 and 11, p. 248, Laws of 1839, and the amended city charter, 1842. Law's of 1841-2, p. 120. These statutes confer the power to regulate and…
2Cases cited1 opinion
- Davenport Mutual Savings Fund & Loan Ass'n v. SchmidtSupreme Court of Iowa · 1863
3Cited by7 opinions
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- Mallory v. Montgomery CountySupreme Court of Iowa · 1875
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