109 Iowa 480 | Iowa | 1899
The evidence, though somewhat conflicting, sustains the finding that the strip of land twenty-five feet ini width, forming the south half of what is known as “North - Street,” was dedicated as a highway by the owner, and accepted by the public. The intention to dedicate existed as early as 1858, when Young inserted this clause in his deed to White: “Two rods on the north and two rods on the west are to be given off for streets where the owners of, opposite property shall give a like quantity.” It was also included in White’s deed to Jones in 1866, and in that,
II. The levy and collection of taxes on this strip of land for ten years did not estop the city from claiming it as a street. During that time it had been in the actual possession of the street, and using it as such. The plaintiff