Merrill v. Hutchins
Supreme Court of Iowa
Appeal from Franklin District Court. — R. M. Wrigi-it, Judge. Action in equity by the-owners of land alleged to abut upon a certain highway, to enjoin the defendants from moving the highway from its existing location and from interfering in .any way with .the lands and improvements adjacent thereto belonging to the plaintiffs. The trial court granted the prayer of the petition, decreed an injunction, and defendants appeal. —
1Opinion of the CourtWeaver, J.
Highways : alteration, etc.: uncertain record : acquiescence : injunction. The petition alleges that the road was originally laid out in the year 1856, and that since that date to the present time it has been maintained in substantially the same course and upon the location where it is now found, and the lands of plaintiffs abutting thereon have been cultivated and their buildings and other improvements have been made with reference thereto; that defendants, being township trustees, have undertaken to move the road farther to the north, and to remove plaintiffs’ trees and improvements on said…
2Cases cited9 opinions
- Weber v. City of Iowa CitySupreme Court of Iowa · 1903
- Carter v. BarkleySupreme Court of Iowa · 1908
- Orr v. O'BrienSupreme Court of Iowa · 1889
- Larson v. FitzgeraldSupreme Court of Iowa · 1893
- Lucas v. PayneSupreme Court of Iowa · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nichols v. Sukaro KennelsSupreme Court of Iowa · 1996
- Sheridan County v. SpiroWyoming Supreme Court · 1985
- Dickinson v. Davis CountySupreme Court of Iowa · 1925