118 Iowa 742 | Iowa | 1902
The plaintiff is owner of a tract of land in the Northwest corner of block seventeen in Morrison & Duncombe’s addition to the city of Ft. Dodge, and the litigation in this case arises over the location of the boundary between said block and the adjacent street on the north, known as “Second Avenue South” or “Walnut Street.” The Morrison & Duncombe addition was platted in the year 1856. ' It embraced an eighty-acre tract according to government survey, and was supposed to measure 2,640 feet in length, north and south. If, however, we turn to the plat as recorded, and aggregate the mea'sures of the widths of the streets and blocks as there
Moreover,, by reason, apparently, of the fact that the blocks both to the north and south of seventeen were first s.ettled and improved, and that, in finding their respective corners, the owners of the blocks on the south measured from the southeast corner of the plat, while those on the
I. The argument for appellees is directed entirely to the second question, the affirmative answer to the first being taken fox granted. Counsel say, “We find, then, without controversy, that the title to Second avenue south, through this addition, was vested in the city of Ft. Dodge as early as 1856,” and then ask, “What had the city done or neglected to do which now gives the paintiff the right to assert title to nearly of this public street?” This assertion and inquiry assume the truth of a very material proposition, which is put in issue by the pleadings, and is by no means made ■clear by the proof. It is true that the dedication by Mor.
• The evidence tends to show that improvements were begun upon block seventeen in the year 1869. The witness Pearson in that year purchased the southwest quarter'
Under such circumstances, there attaches to lines so long recognized a presumption of correctness, which, if not conclusive, is to be overcome only by , clear and satisfactory proof. Such proof is not furnished in this record, and we think the boundary which has heretofore been maintained between plaintiff’s property and Second avenue Bouth must be respected.
Without attempting to restate the facts, it is sufficient to say we think they call for. the application of the principle thus stated, and that, if the city of Ft. Dodge ever had any right to claim as a public street any part of the premises now occupied by plaintiff, that right must bw considered as abandoned, and the city estopped to -ncM assert such claim. . .
The decree of the district court is therefore reversed, and plaintiff is awarded a decree in this court for the relief asked in his petition. — Reversed.