122 Iowa 226 | Iowa | 1904
Plaintiff alleges that the highway which he claims defendants obstructed with a fence was lawfully established by the proper authorities in June of the year 1872, and is known as the “Shotwell Eoad and Extension.” He also avers that the highway was dedicated to the public by a former owner of the land which defendants now own, and that it is also a highway by prescription. The defendants admit that there is a highway running east and west between sections 1 and 12, but-say that their fence does not obstruct this highway, but, on the contrary, is on the south line thereof.
Plaintiff claims that a motion made by him for judgment on the pleadings should have been sustained, and that the court was in error in denying the same. • This is
II. Coming to the merits, we have had a great deal of difficulty in understanding the record. A number of
The entire case depends upon the true location of the original government corner common to sections 1, 2, 11, and 12 in township 81, range 88. There has always been
The decree is therefore appirmed.