Ewell v. Greenwood
Supreme Court of Iowa
Appeal from Fremont District Court. In equity : injunction. —Demurrer to petition sus tained and plaintiff appeals. The petition alleges, that plaintiff -is the owner of two tracts of land, one in See. 36, T. YO, R. 43, the other in Sec. 6, T. 69, R. 42; that defendant owns a tract in said section 36, adjoining and between plaintiff’s tracts, and that on or about'the month of May, 1853, there was a road traveled by the public from, etc., to plaintiff’s mills, passing over…
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Appeal from Fremont District Court. In equity : injunction. —Demurrer to petition sus tained and plaintiff appeals. The petition alleges, that plaintiff -is the owner of two tracts of land, one in See. 36, T. YO, R. 43, the other in Sec. 6, T. 69, R. 42; that defendant owns a tract in said section 36, adjoining and between plaintiff’s tracts, and that on or about'the month of May, 1853, there was a road traveled by the public from, etc., to plaintiff’s mills, passing over and across defendant’s land; that for the purpose of permanently establishing the road so traveled as a highway, plaintiff…
1Opinion of the CourtWright, J.
1. Highway: statute of limitations: — In our opinion the demurrer was improperly sustained. That this was a public highway, by the use of it for that purpose for the time shown in the petition, saying nothing of the special dedication or relinquishment, under the doctrine of Onstott v. Murray (22 Iowa, 457), can hardly admit of doubt. As we are not disposed to depart from what is there ruled, this point in the present case is held against the appellee.
2. Nuisance: obstruction of highway: injunction. The other points raised by the demurrer may be briefly stated and as briefly decided. An…
2Cases cited4 opinions
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Onstott v. MurraySupreme Court of Iowa · 1867
- State v. Mayor of MobileSupreme Court of Alabama · 1837
- Executors of Getman v. BeardsleyNew York Court of Chancery · 1816
3Cited by23 opinions
- Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
- Jones v. BrightSupreme Court of Alabama · 1903
- Rio Grande Railroad v. City of BrownsvilleTexas Supreme Court · 1876
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