City of Lake City v. Fulkerson
Supreme Court of Iowa
Appeal from Calhoun District Court. — IioN. S. M. Elwood, Judge. Suit in equity to quiet the title to tbe vacated portion of a certain street. In 1881 the defendant Fulkerson platted an addition to the plaintiff city, which was duly executed and recorded, and which dedicated to public use Oak street, a street fifty feet wide, running east and west through said addition.
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Appeal from Calhoun District Court. — IioN. S. M. Elwood, Judge. Suit in equity to quiet the title to tbe vacated portion of a certain street. In 1881 the defendant Fulkerson platted an addition to the plaintiff city, which was duly executed and recorded, and which dedicated to public use Oak street, a street fifty feet wide, running east and west through said addition. In May, 1892, Fulkerson and the other appellees petitioned the city council for the vacation of that part of Oak street between blocks 4 and 5 and blocks 6 and 7 in said addition, and thereupon the council vacated that part of…
1Opinion of the CourtSherwin, J.
As the appellees have not argued the case,, we do not know upon what they rely to sustain the judgment below. The dedication of the street to public use seems to have been full and unreserved, and to have been recognized and accepted by the plaintiff, which was at that time an incorporated town. Under section 996, McClain’s Code, the acknowledgement and recording of such.plat was equivalent to a deed in fee simple of the land therein set apart for *571streets or other public use; and we have held that, where such an unrestricted dedication has been made, it does in fact vest an absolute title in…
2Cases cited9 opinions
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- City of Marshalltown v. ForneySupreme Court of Iowa · 1883
- Dempsey v. City of BurlingtonSupreme Court of Iowa · 1885
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Spitzer v. RunyanSupreme Court of Iowa · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942
- City of Cedar Rapids v. MarshallSupreme Court of Iowa · 1925
- Hubbell v. City of Des MoinesSupreme Court of Iowa · 1915
- Harrington v. Iowa Central Railway Co.Supreme Court of Iowa · 1905
- Louden v. StarrSupreme Court of Iowa · 1915
4 more not listed; retrieve them via the Exa API.