71 Iowa 150 | Iowa | 1887
We are of the opinion that the term “proprietors,” used in the chapter in which these sections are found, indicates the owners of the land, and not alone the persons, who originally plat the land; and that owners who have acquired title from such original proprietors may exercise the power conferred by the chapter. The section just quoted contemplates the case of separate proprietors, having distinct and separate interests; and the same is true of sections 565 and 567, which confer upon them the powers to vacate part of a town plat. This court has recognized this rule in Lorenzen v. Preston, 53 Iowa, 580, and Conner v. Iowa City, 66 Id., 419.
II. Counsel for defendants insist that the instrument executed by plaintiffs is insufficient, for the reason that it does not describe by lots and blocks the part of the plat vacated. It is sufficient to say, in reply to this objection, that it so refers to and describes the lots and blocks that it can be understood with absolute certainty what part of the plat is vacated. This is sufficient.
IY. The record before us shows that, as the streets and alleys were never opened, the vacation does not abridge or destroy any of the rights of any owner of land within the town. Code, § 564. The vacation was therefore lawfully inade.
We reach the conclusion that the circuit court .did not err in overruling the motion to dissolve the temporary injunction.
Affirmed.