106 Iowa 385 | Iowa | 1898
In September, 1882, the plaintiff platted Uptagraff’s addition to Minnewaukon Beach, and the plat was duly recorded. It included two streets, named, .respectively, “Fourth Street” and “Fifth Street,” which were • dedicated to public use. These streets are alleged to have Ibeen unnecessary and useless. On the nineteenth day of August, 1885, the plaintiff filed for record a second plat, which she had executed, and which purported to vacate those streets, and they were re-platted and numbered as lots. The •plaintiff asks to have the title to that property quieted in her because of the vacation, and for the further reason that she has occupied them adversely under a claim of title for more than ten years. The defendant, the town of Minnewaukon, was incorporated May 25, 1895, and includes the property in question. The interests of the defendants are not clearly
III. A stipulation signed by the appellant and by .appellee J. W. Oory in his own right has been filed. It provides that, in consideration of his refraining from making a defense in this court, the case as to him is settled, and no •costs, whether incurred in the district court or in this court, shall be taxed to him. It is therefore adjudged that his share of all costs which have accrued in this case shall be taxed to the plaintiff. In all other respects the decree of the district court is reversed.