68 Iowa 164 | Iowa | 1885
It is contended by the defendants that an action for an injunction does not lie; but in our opinion it does. We are not prepared to say that the cases where condemnation proceedings have been had, but payment has been omitted, are fully in point. If they were, the question would be one of very easy solution. Richards v. Des Moines Valley R. Co., 18 Iowa, 259; Hibbs v. Chicago & S. W. R. Co., 39 Id., 340. But the principle involved is not quite the same. We are aware, too, that it has been held that an injunction will not lie against a mere void talcing of land. Mouchet v. Railroad Co., 1 Eng. Railway & Canal Cas., 567. But the case at bar, is peculiar. One of the purposes for which the condemnation proceedings were ostensibly had was within' the provision of the statute, and the ground of the complaint is that the defendants sought to defraud the plaintiff by proceeding under the statute ostensibly for a proper purpose, when the real and only purpose was not proper. Whether the defendants acquired any right by the proceedings, and, if any, to how much ground they acquired a right, we think that it is within the jurisdiction of a court of equity to inquire.
The judgment in the action of Wm. M. Forbes v. W. C. Delashmutt and others, being the action for a writ of certiorari, must be affirmed, and the judgment in the. action of Wm. M. Forbes v. Council Bluffs & St. L. R’y Co. and others must be
Reversed.