Parriott v. Incorporated City of Hampton
Supreme Court of Iowa
Appeal from Franklin District Court.— Hon. J. R. Whitaker, Judge. This is an action to enjoin tbe incorporated town of Hampton, acting through its officers, from openiug certain alleged streets south of and including Eleventh street, in Kennedy’s addition to that town. James Kennedy acquired title to the land March 16, 1891, and caused a plat to he filed June 10th of the same year. This plat consistéd of blocks 1 to 9, inclusive, of the annexed plat.
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Appeal from Franklin District Court.— Hon. J. R. Whitaker, Judge. This is an action to enjoin tbe incorporated town of Hampton, acting through its officers, from openiug certain alleged streets south of and including Eleventh street, in Kennedy’s addition to that town. James Kennedy acquired title to the land March 16, 1891, and caused a plat to he filed June 10th of the same year. This plat consistéd of blocks 1 to 9, inclusive, of the annexed plat. The streets were indicated therein to be sixty-six feet wide, except Franklin from its intersection with Eleventh street, down which was from…
1Opinion of the CourtLadd, J.
*1611 Town plats: dedication of streets: acceptance. *160The plat was filed in 1891, so that but 13 years had elapsed at the time the defendant town indicated *161its purpose to accept the remaining streets inclosed with blocks 6, 7, 8, and 9 as a pasture. The inteation 1° do s0 as soon as these were needed was shown by the opening to the public of the streets north of Eleventh street long before if the plat was legal. Village of Lee v. Harris, 206 Ill. 428 (69 N. E. 230, 99 Am. St. Rep. 176). The mere fact of inclosure by an ordinary fence, did not estop the town from accepting the streets when ready to…
2Cases cited23 opinions
- Quinnin v. ReimersMichigan Supreme Court · 1881
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- Tidd v. RinesSupreme Court of Minnesota · 1879
- Baker v. WoodwardOregon Supreme Court · 1884
- Village of Lee v. HarrisIllinois Supreme Court · 1903
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- Incorporated Town of Exira v. WhittedSupreme Court of Iowa · 1908
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