122 Iowa 569 | Iowa | 1904
As the appellees have not argued the case,, we do not know upon what they rely to sustain the judgment below. The dedication of the street to public use seems to have been full and unreserved, and to have been recognized and accepted by the plaintiff, which was at that time an incorporated town. Under section 996, McClain’s Code, the acknowledgement and recording of such.plat was equivalent to a deed in fee simple of the land therein set apart for
It is clear, then, that the title to the street did not revert to either Fulkerson or any of his grantees, and that whatever rights he or they may have therein must be based upon some other ground. He pleaded an estoppel, based upon the fact that he had been ordered by the town to build a sidewalk along the east end of the vacated portion of said street, but his proof wholly failed to sustain this claim. Another ground of estoppel was that the vacated street had been assessed to him, and that he had paid the taxes thereon; but he listed the land for assessment as his own, and in such way as to conceal its location, and the evidence shows that none of the town officers knew it was assessed to him or that, he was paying taxes thereon. Moreover, he only paid the taxes about six years before this action was brought. There is nothing in either of these claims. See Hull v. Cedar Rapids, 111 Iowa, 466.
The appellee Yound pleaded that she had been in the actual occupancy of the land ever since the same was platted, with the knowledge and consent of the plaintiff, and that until this suit rvas begun it had never made any claim thereto or exercised any control thereover. There is but little, if
AVe see no escape from the conclusion that the judgment is wrong, and it is reversed.