Seberg v. Iowa Trust & Savings Bank
Supreme Court of Iowa
Appeal from, Polk District Gourt. — HoN. Jakes A. Howe, Judge. ActioN to enjoin defendants from constructing certain improvements and to quiet plaintiff’s title. Defendants answered, and in a cross-petition prayed that the division line between the premises ‘of plaintiff and defendants be established.
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Appeal from, Polk District Gourt. — HoN. Jakes A. Howe, Judge. ActioN to enjoin defendants from constructing certain improvements and to quiet plaintiff’s title. Defendants answered, and in a cross-petition prayed that the division line between the premises ‘of plaintiff and defendants be established. On hearing the division line was decreed as prayed by defendants, but plaintiff was held entitled to an irrevocable license to occupy part of defendants’ premises, with an existing stairway during the life of the building. Both parties appeal, that of plaintiff being first perfected.' —
1Opinion of the Court
Ladd, J. —
Bor more- than thirty years prior to August 8, 1902, O. J. Ooddington was owner of the west forty feet of the south ninety feet of lot 6 in block 17 of East Ft. Des Moines. About that long ago he erected a two-story brick building on the west twenty feet, as he supposed, extending back sixty-three feet with but a brick *101veneer on the east wall. Shortly afterwards he extended 'the building twenty feet to the east, but removed the veneer, and sealed the 2x4 studding as a partition on the west side, and lathed and plastered it on. the east side. A basement was constructed at the same…
2Cases cited13 opinions
- Houston v. SneedTexas Supreme Court · 1855
- Klinkner v. SchmidtSupreme Court of Iowa · 1901
- Spiller v. ScribnerSupreme Court of Vermont · 1863
- Grim v. MurphyIllinois Supreme Court · 1884
- Guest v. GuestTexas Supreme Court · 1889
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3Cited by4 opinions
- Minear v. Keith Furnace Co.Supreme Court of Iowa · 1931
- City of Williston v. LudoweseNorth Dakota Supreme Court · 1926
- Harris v. LewisSupreme Court of Iowa · 1912
- Fitch v. WalshNebraska Supreme Court · 1913