Thrush v. Graybill
Supreme Court of Iowa
Appeal from, Pottawattamie District Court.- — IIon. A. 33. Tiiornell, Judge. Defendant is a road supervisor, and this action is brought to' compel him to open a public street in the unincorporated town of Underwood. Defendant denies that the street exists where claimed by plaintiff. There was a trial to court, and from a judgment dismissing plaintiff’s petition he appeals.
1Opinion of the CourtWaterman, J.
1 Plaintiff owns lots 7, 8, 9, 10, and 11, in block 12, in the town of Underwood. These lots are in the south half of the block. On tire north they abut on an alley, and on the south upon Fifth street, which is the south boundáry of the town. On the recorded plat these lots are shown as being two hundred and two feet in length north and south.' Defendant claims this is a mistake in the plat; that the lots by the original survey -were laid out one hundred and forty-two feet in length; and that the north line of Fifth street, which is the street it is sought to have opened, instead of being two…
2Cases cited1 opinion
- Bradstreet v. DunhamSupreme Court of Iowa · 1884