Lorenzen v. Preston
Supreme Court of Iowa
Appeal from Jasper District Court. Action for an injunction to restrain the defendant from enclosing certain land. The land, with other land, was formerly platted as “North Newton,” in Jasper county. Lots were sold out of the plat to" various individuals,' and, among others, to the plaintiff. Afterward the owners of a part of the plat, including the defendant, filed in the office of the recorder of deeds an agreement for vacation of that part of the plat owned by them.
Read the full summary
Appeal from Jasper District Court. Action for an injunction to restrain the defendant from enclosing certain land. The land, with other land, was formerly platted as “North Newton,” in Jasper county. Lots were sold out of the plat to" various individuals,' and, among others, to the plaintiff. Afterward the owners of a part of the plat, including the defendant, filed in the office of the recorder of deeds an agreement for vacation of that part of the plat owned by them. The defendant - then proceeded to enclose that part owned by him, which included land which had been dedicated as streets. An…
1Opinion of the Court
Adams, Oil J.
1 towntoat: vacation ot Section 56é of the Code provides that any part of a plat may bo vacated by an agreement of the propria etors thereof, “provided such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat.” The plaintiff contends that the vacating of the part of the plat in question will, if allowed, have the effect to abridge his right by shutting up certain streets which he needs for travel. The facts are, that the plaintiff resides in North Newton, upon lots separated only by a street from the part of the plat which the…
2Cited by6 opinions
- Chrisman v. BrandesSupreme Court of Iowa · 1907
- Sarvis v. CasterSupreme Court of Iowa · 1902
- Chrisman v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1904
- McGrew v. Town of LettsvilleSupreme Court of Iowa · 1887
- Stoessel v. City of OttumwaSupreme Court of Iowa · 1940
1 more not listed; retrieve them via the Exa API.