Arbaugh v. Alexander
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. Thomas Arthur, Judge. Action in equity to enjoin the obstruction of a private way and for the recovery of damages. Petition dismissed, and plaintiff appeals.
1Opinion of the CourtWeaver, J.
The right of way in controversy was considered in this court in Arbaugh v. Alexander, 151 Iowa, 552. It is the claim of plaintiff that in 1903, he being then owner of a farm in Harrison county, and the defendant F. M. Alexander being the owner of a forty-acre tract cornering thereon, they entered into an agreement whereby a way was opened from plaintiff’s land across a portion of defendant’s land to the public highway, the same to be for the use and benefit of both parties and of others who might choose to make use of the same, and that, in consideration of plaintiff’s undertaking to build a…
2Cases cited1 opinion
- Arbaugh v. AlexanderSupreme Court of Iowa · 1911
3Cited by2 opinions
- Ashforth v. CommissionerUnited States Board of Tax Appeals · 1934
- Ashforth v. CommissionerUnited States Board of Tax Appeals · 1934