Jones v. Thie
Supreme Court of Iowa
Appeal from Des Moines District Gowrt. — 'Hon. Jambs D. Smyth, Judge. This is a suit in equity by the plaintiffs as trustees of Yellow Spring township, Des Moines County, Iowa. The relief prayed for is a mandatory injunction. Decree for defendant. Plaintiffs appeal. —
1Opinion of the Court
Evans, C. J. —
The plaintiffs are township trustees. They purport to bring this action in their official capacity. The defendant is the owner of a farm which abuts on the south line of an east and west highway in the township. Near the north line the defendant maintains an osage orange hedge, which runs parallel with the highway at a distance of from five to seven feet south of its south line. The purpose of this action on the part of the plaintiffs is to compel obedience on the part of the defendant to the provisions of section 1570 of the Code Supplement of 1902, which is as follows: “Sec.…
2Cited by1 opinion
- Phillips v. CrawfordSupreme Court of Iowa · 1920