McDunn v. City of Des Moines
Supreme Court of Iowa
Appeal from the Polk Pishriot Oo-wrt. Action in chancery. Tbe petition alleges that'plaintiff purchased of defendant Susan Brazee certain land in' the corporate limits of- the city of Des Moines, for which she executed, to plaintiff, a deed of general warranty. To secure a part of the purchase-money remaining unpaid, he executed his notes and mortgage to said defendant.
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Appeal from the Polk Pishriot Oo-wrt. Action in chancery. Tbe petition alleges that'plaintiff purchased of defendant Susan Brazee certain land in' the corporate limits of- the city of Des Moines, for which she executed, to plaintiff, a deed of general warranty. To secure a part of the purchase-money remaining unpaid, he executed his notes and mortgage to said defendant. The land so purchased and mortgaged was one acre in quantity, and certain valuable improvements, consisting of a dwelling house, barn, etc., which are still upon the property. The defendant The City of Des Moines claims that…
1Opinion of the Court
Beck, Ch. J.
1. Municipal corporation: dedication town plats. I. The first question that demands our attention involves an inquiry as to the legal existence of the street in controversy. The facts are these: The land in question was part of a tract, or several tracts, laid off into town lots in 1857, as an addition to the city of-Des Moines. The legal title was held in trust by Dr. Brooks, for himself and others. At that date a plat of the land was made, dividing it into blocks, and streets separating them. The most northerly street was called “ Brooks street.” North of it were two blocks,…
2Cited by4 opinions
- Wimberg v. SchwegemanIndiana Supreme Court · 1884
- McDunn v. City of Des MoinesSupreme Court of Iowa · 1874
- Solberg v. City of DecorahSupreme Court of Iowa · 1875
- Mast v. HooverWashington Supreme Court · 1923