Town of Edenville v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Marshall District Court.— Hon. John L. Stevens, Judge. This is an action of mandamus to compel defendant to construct a crossing at the point of intersection of its railway with an alleged street of the plaintiff town. The district court denied relief, and plaintiff appeals.
1Opinion of the CourtReed, C. J.
Under the issue, the burden was on plaintiff to establish that the alleged street is a public highway. To establish that fact it was necessary to prove title .in the public. It introduced a plat duly acknowledged and recorded by one Rhodes in 1856, by which the strip of ground was dedicated to public use as a street, but introduced no other evidence of title. That the acknowledging and recording of the plat was sufficient to vest the public with whatever interest Rhodes possessed is certainly true. Code 1851, sec. 637. It does not, however, show that he had any title or interest. “ A grant to…
2Cases cited1 opinion
- Porter v. StoneSupreme Court of Iowa · 1879
3Cited by6 opinions
- Gladewater Lumber & Supply Co. v. City of GladewaterCourt of Appeals of Texas · 1935
- Robbins v. HouckCourt of Appeals of Texas · 1952
- Johnson v. Common CouncilSupreme Court of Alabama · 1899
- Peoria Tractor Corp. v. MasonSupreme Court of Iowa · 1921
- De Nefe v. Town of Agency CitySupreme Court of Iowa · 1909
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