Brossart v. Corlett
Supreme Court of Iowa
Appeal from Johnson District Qourt. Lots 5 and 6, B, 80 in Iowa City, are like all other lots in that block, 80 feet front by 150 feet back, or in length. They front west, on Clinton street, lot 6 (the corner lot) being 80 feet on Clinton and 150 feet on the south, or on "Washington street. There are eight lots in the block — a street on all sides — but there is no alley or other passage-way through said block.
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Appeal from Johnson District Qourt. Lots 5 and 6, B, 80 in Iowa City, are like all other lots in that block, 80 feet front by 150 feet back, or in length. They front west, on Clinton street, lot 6 (the corner lot) being 80 feet on Clinton and 150 feet on the south, or on "Washington street. There are eight lots in the block — a street on all sides — but there is no alley or other passage-way through said block. A plat of said block is here given, that this controversy may be the better understood. In August, 1819, one Lyon was the owner of parts of said lots, of an irregular form, being 81…
1Opinion of the CourtWright, J.
1. basement:: extent of: construction, This case was decided right. The rule, we grant, is that an easement appurtenant to an estate is so to every part thereof, whatever the subdi- , , *1 r . „ vision at the time or subsequently. Jout it is just as true that the servient estate is not to be burdened to a greater extent than was contemplated at the time of the creation of the easement.
Construing these title papers in the light of the surrounding circumstances, remembering that a subsequent sale of a part of the dominant estate shall not, and cannot, operate to extend the original right, nor to…
2Cited by9 opinions
- Schadewald v. BruleMichigan Court of Appeals · 1997
- Ingelson v. OlsonSupreme Court of Minnesota · 1937
- Loughman v. CouchmanSupreme Court of Iowa · 1951
- Currier v. HowesCalifornia Supreme Court · 1894
- Bang v. FormanMichigan Supreme Court · 1928
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