114 Iowa 471 | Iowa | 1901
The following is a correct plat of the place in question:
I. The first contention is whether that part of the original road upon the township line from A to E was vacated by this action of the board of supervisors. The petition of Dunlavey and others asked a change of the road as was made from A by way of B to C; “also to vacate that portion of the public highway that runs in an angling direction across the northeast quarter of the northeast quarter of section 3, township 69, range 13 west.” It will be observed that this does not include that part of the township line from A to E. It does not appear that there was an established road on the township line, either east from A or west from E, but it does appear that there was considerable travel on that line east and west of these points. Mr. Dunlavey testified that hg did not intend to ask in the petition that any part of the old road should be vacated, except that part angling though his land. The report and recommendation of the commissioner and the notice followed the language of the petition as to change and vacation, and the final order was “that the