Legal Opinion

Hagerle v. Beebe

Supreme Court of Iowa

Decided April 15, 1904PublishedCited by 2 opinions

Appeal from Des Moines District Court. — Hon. James D. Smyti-ie, Judge. Suit in equity to enjoin defendant from obstructing a highway or private right of way claimed by plaintiff over defendant’s land. The trial court dismissed plaintiff’s petition, and he appeals.

1Opinion of the CourtDeemer, C. J.

The controversy, is over a strip of land designated on the following plat as the “road in dispute

This plat also shows the respective tracts of land owned by the plaintiff and the defendant. Plaintiff purchased his land from one Piad, and claims that the road is eitlier a public highway or that it passed to him as a private way appur*622tenant to the land. The defendant is the grantee or successor in interest of one W. P. Murphy, who owned the land at the time it is claimed the way was established. There is no claim that this way was ever legally established, or that there was ever any dedication…

2Cases cited3 opinions

  1. Dunn v. WolfSupreme Court of Iowa · 1891
  2. President of the Farmers' & Mechanics' Bank v. GriffithWisconsin Supreme Court · 1853
  3. Stein v. RoellerSupreme Court of Minnesota · 1896

3Cited by2 opinions

  1. Ott v. FreeseSupreme Court of Iowa · 1924
  2. Ehler v. StierSupreme Court of Iowa · 1927

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