127 Iowa 658 | Iowa | 1905
Plaintiff insists, first, that the line as claimed by him has been recognized by the town, and acquiesced in for more than thirty years, and that it is now estopped from insisting upon another and different one, although that one may be the true one as shown by the survey. It is true that trees were planted out into the street by various owners of property abutting thereon, and that temporary sidewalks and fences were constructed outside of these walks; but it also appears that these walks were known by all parties to be in what was supposed to be a parking out into the street, and that the temporary fences were constructed to protect the trees from stock which was running at large, and not for the purposes of marking the lot lines. The sidewalks were all temporary in character, and, as we have seen, the
While estoppel is relied upon, tbe facts are not sufficient to sustain tbe claim. Neither plaintiff nor bis grantors made any improvements with reference to tbe line now claimed by plaintiff. On the- contrlary, these improvements were constructed with reference to tbe true line. The case in this respect is ruled by tbe cases already cited. See also, Rae v. Miller, 99 Iowa, 653; Solberg v. City, 41 Iowa, 504; Corey v. Ft. Dodge, 118 Iowa, 742. Tbe authorities relied upon by appellant are not in point.
The decree dismissing plaintiff’s petition is correct, and it is affirmed.