141 Iowa 592 | Iowa | 1909
The appellants are heirs -of Hiram Lucas, deceased, and as such are the owners of the northeast quarter of the northwest quarter of section 10, township 83, range 26, in Boone County, Iowa. The appellees are the owners of the land on both sides of the section line between sections 3 and 10, and 2 and 11. There is a public highway, known as the “State road,” or “Dodge road,” running north and south through the southwest of the southwest of 2 and the northwest of the northwest of 11, and the strip of land which it is claimed is a highway extends from this State road west along the section line to the northeast corner of the Lucas land heretofore described. The plaintiffs’ petition is based upon three grounds: It is first claimed that the strip of ground in question became a highway by prescription; second, that it became a highway by an agreement made in 1858; third, that it was legally established-as a highway in 1859. There is nothing in the first two grounds relied upon by the appellants, and we turn our attention to the claim that a public highway was established along this line between the points in question in 1859.
The district court reached the right conclusion in this case, and the judgment must be, and it is, affirmed.