Legal Opinion

Incorporated Town of Cambridge v. Cook

Supreme Court of Iowa

Decided April 10, 1896PublishedCited by 18 opinions

Appeal from Story District Court. — Hon. B. P. Birdsall, Judge Suit in equity to enjoin defendant from maintaining obstructions in a certain alley in the town of Cambridge. Defense, adverse possession. The cause was tried to the court, and a decree' was entered as prayed. Defendant appeals.

1Opinion of the Court

Deemek,, J.

The evidence shows that, when the land upon which the town of Cambridge is now situated, was platted, there was an alley running north and south through what was called on the recorded plat, “Block No. 28.” This plat was made November 21,1856, and was filed for record in the recorder’s office on the next day. The town was not incorporated until the year 1881. The alley so attempted to be dedicated, was never opened for public use, but, on the contrary, a fence was erected around the entire block about the year 1867. An orchard was set out in the year 1866, largely upon that part…

2Cases cited7 opinions

  1. Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
  2. Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
  3. Davies v. HuebnerSupreme Court of Iowa · 1877
  4. Orr v. O'BrienSupreme Court of Iowa · 1889
  5. Bell v. City of BurlingtonSupreme Court of Iowa · 1886

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3Cited by18 opinions

  1. Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
  2. Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
  3. Brown v. TaberSupreme Court of Iowa · 1897
  4. Corey v. City of Fort DodgeSupreme Court of Iowa · 1902
  5. Dugan v. ZurmuehlenSupreme Court of Iowa · 1927

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