Legal Opinion

Solberg v. City of Decorah

Supreme Court of Iowa

Decided October 26, 1875PublishedCited by 4 opinions

Appeal from Winneshieh Cirouif. Oov/rt. The petition alleges that the city of Decorah was incorporated as a city of the second class in 1871, and that previous to that time it claimed to be an incorporated town, having been incorporated inT857. That the defendant, S. B. Ervin,' is the street commissioner and marshal.

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Appeal from Winneshieh Cirouif. Oov/rt. The petition alleges that the city of Decorah was incorporated as a city of the second class in 1871, and that previous to that time it claimed to be an incorporated town, having been incorporated inT857. That the defendant, S. B. Ervin,' is the street commissioner and marshal. That plaintiff is the owner of the following premises in said city, to-wit: Com--, mencing at the north-west corner of lot 5, in block number 28, in the village of Decorah, Iowa, thence running south along the line of State 123 feet, thence west 66 feet, thence south 207 feet,…

1Opinion of the Court

Day, J. —

I. The petition omits to state one fact essential to the establishment of a title by prescription. It does not aver that the possession was taken, or that it has been con-*505tinned, under color of title or claim of right. It simply states that sixteen years before the commencement of the suit one A. Bradish, who owned lot 5, abutting upon the street, fenced a portion of the street, and erected a house extending partly upon it. The plaintiff does not show when he derived title to the abutting lots, nor that he. ever procured a conveyance of any interest in the street in question. It does…

2Cases cited1 opinion

  1. McDunn v. City of Des MoinesSupreme Court of Iowa · 1872

3Cited by4 opinions

  1. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
  2. Goldsborough v. PidduckSupreme Court of Iowa · 1893
  3. Des Moines Independent School District v. McClureSupreme Court of Iowa · 1915
  4. Hafner v. ChaseSupreme Court of Iowa · 1910

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