Taeger v. Riepe
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. J. M.. Casey, Judge. The plaintiff is the owner of sixty-sis acres of land, in Des Moines county, and one of the defendants is. clerk of the township, and the other is supervisor of' the road district in which the land is situated. Defendants have heretofore claimed and now claim the right to-maintain and improve a public highway across the land of the plaintiff.
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Appeal from Des Moines District Court. — Hon. J. M.. Casey, Judge. The plaintiff is the owner of sixty-sis acres of land, in Des Moines county, and one of the defendants is. clerk of the township, and the other is supervisor of' the road district in which the land is situated. Defendants have heretofore claimed and now claim the right to-maintain and improve a public highway across the land of the plaintiff. Plaintiff admits the existence of a. public highway across his land, but avers that it is at. another place than where defendants seek to maintain one, and he brings this action to enjoin…
1Opinion of the Court
(xRANgee, C. J.
Along the line across plaintiff’s-land, where defendants claim a public highway to be, there has been a traveled road for about forty-five-*485years, or since 1844. From eighty to two hundred and thirty feet from this line, it is claimed by appellant, there was in 1858 a highway legally established across the laud now owned by him, and he brings this action, ■claiming that such established highway is the only -legal one across his land, and hence that the defendants should be enjoined as prayed. The line of the highway as claimed by appellant was surveyed by one A. McMichael, and…
2Cited by4 opinions
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- Sheridan County v. SpiroWyoming Supreme Court · 1985
- Merrill v. HutchinsSupreme Court of Iowa · 1917
- Brammer v. Iowa Telephone Co.Supreme Court of Iowa · 1917