116 Iowa 406 | Iowa | 1902
The annexed plat will show the road m dispute, with its immediate surroundings:
It fairly appears that Grain, who was the grantor of defendant Keen, and plaintiff, in the year 1889, desired to procure a road from their respective places north to the east and west highway shown on the plat. It was agreed between them that plaintiff should, secure a strip off the east side of the Kayner land, then belonging to the estate of one Loan,, deceased, who left a widow surviving him and also minor children, who were under guardianship. Plaintiff it seems
I. The first question for consideration is whether there was any dedication of this strip to the public. That Fountain and Crain united in an effort to procure a way from their premises to the public road oirthe north is conceded, and taking the action of the guardian of the Loan minors, together with Bayner’s subsequent deed, we may concede, . though for the purpose of argument only, that Fountain pro
There is no claim here of a right, irrespective of actual dedication, obtained by adverse user. Nor is there any claim to this strip as a private road. As the latter question might depend on the matter of notice to Keen of plaintiffs rights when the former purchased of Crain, and that is not argued, we do not think it proper to decide the question, even though we might deem it included in the case presented. We might have dismissed this appeal because of a failure to comply with the rules, for the abstract is nothing but the transcript in print, but have thought better to dispose of it on its merits, as the record is not large, and no great amount of undue labor is imposed upon the court. — Affirmed.