132 Iowa 709 | Iowa | 1906
Plaintiff is the owner of the northeast % of section 21, township 100, range 45, in Lyon county, Iowa, and the sole question in the case is: Is there a highway by prescription or otherwise along the north line of this land ? This is denied on one side and affirmed upon the other. Defendant says there is such a highway, which plaintiff is obstructing with fences and otherwise, by prescription, by dedication, and through establishment by the board of supervisors of Lyon county, which establishment was afterward legalized by the Legislature in an act known as “ Chapter 233, of the acts of the Twenty-Ninth General Assembly.” The trial court found that there was a highway on the north side of plaintiff’s land two rods wide on either side of the section line.
When the road was first laid out Holliday was the owner of the land. It seems to have been laid out originally to reach a race track to the westward of plaintiff’s land, and Holliday made no objection thereto; indeed, his boys assisted in laying it out. Work was first done upon the road while Jan Meester owned it, and he made no objection thereto. Work was also done upon it by the township authorities in the year 1901, and again in the year 1902, while plaintiff owned the land, and he made no objection, but apparently assented thereto. He made no objection to the actual work until the year 1903, although he said to some of the township officials that if the road was not platted, he did not want any work done upon it, and when it was found that the road was not platted no work was done during that year. Jones “ struck out” the road, as he said, in the year 1889, apparently with the knowledge and consent of Holliday, the then owner, and work was done upon it while Mees
The decree will be modified to this extent, and the cause remanded for one in harmony with this opinion. Each party will pay one-half the costs of this appeal.
Modified and remanded.